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CLEARINGS RELATING TO H.R. 4700, TO AMEND
^ SECTION 11 OF THE SUBVERSIVE ACTIVI-
y y TIES CONTROL ACT OF 1950, AS AMENDED
y^ (THE FUND FOR SOCIAL ANALYSIS)
HEARINGS
BEFORE THE
COMMITTEE ON UN-AMERICAN ACTIVITIES
V,.
HOUSE OF EEPRESENTATIYES
EIGHTY-SEVENTH CONGKESS
FIRST SESSION
MAY 31, JUNE 7, AND AUGUST 16, 1961
INCLUDING INDEX
I'rinted for the use of the Committee on Un-American Activities
U.S. GOVERNMENT PRINTING OFFICH
72930 WASHINGTON : 1861
COMMITTEE ON UN-AMERICAN ACTIVITIES
United States House of Repbesentatives
FRANCIS E. WALTER, Pennsylvania, Chairman
MORGAN M. MOULDER, Missouri GORDON H. SCHERER, Ohio
CLYDE DOYLE, California AUGUST E. JOHANSEN, Michigan
EDWIN E. WILLIS, Louisiana DONALD C. BRUCE, Indiana
WILLIAM M. TUCK, Virginia HENRY C. SCHADEBERO, Wisconsin
P'rank S. Tavenner, Je., Diredm
Alfred M. Xitile, Counsel
John C. Walsh, Co-counsel
QwENN lyEWB, Administrative AssistaiU
CONTENTS
Page
Synopsis 1
May 31, 1961: Testimony of:
Annette T. Rubinstein 6
Irving Kaplan 36
Afternoon session:
Trvins; Kaplan (resumed) 48
Harrv Samuel MagdofF 54
Stanley Williams Moore 61
Russell Arthur Nixon 66
Herbert Aotheker 71
June 7, 1961: Testimony of:
Barrows Dunham 94
August 16, 1961: Testimony of:
Isidore Gibby Needleman 101_
Index i
ui
Public Law 601, 79th Congress
The legislation under which the House Committee on Un-Ameri-
can Activities operates is Public Law 601, 79th Congress [1946] ; 60
Stat. 812, which provides :
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, * * *
PART 2— RULES OF THE HOUSE OF REPRESENTATIVES
Rule X
SEO. 121. STANDING COMMITTEES
17. Committee on Un-American Activities, to consist of nine Members.
Rule XI
POWEBS AND DUTIES OF COMMITTEES
(q) (1) Committee on Un-American Activities.
(A) Un-American activities.
(2) The Committee on Un-American Activities, as a whole or by subcommit-
tee, is authorized to make from time to time investigations of (i) the extent,
character, and objects of un-American propaganda activities in the United States,
(ii) the diffusion within the United States of subversive and un-American propa-
ganda that is instigated from foreign countries or of a domestic origin and attacks
the principle of the form of government as guaranteed by our Constitution, and
(iii) all other questions in relation thereto that would aid Congress in any nec-
essary remedial legislation.
The Committee on Un-American Activities shall report to the House (or to the
Clerk of the House if the House is not in session) the results of any such investi-
gation, together with such recommendations as it deems advisable.
For the purpose of any such investigation, the Committee on Un-American
Activities, or any subcommittee thereof, is authorized to sit and act at such
times and places within the United States, whether or not the House is sitting,
has recessed, or has adjourned, to hold such hearings, to require the attendance
of such witnesses and the production of such books, papers, and documents, and
to take such testimony, as it deems necessary. Subpenas may be issued under
the signature of the chairman of the committee or any subcommittee, or by any
member designated by any such chairman, and may be served by any person
designated by any such chairman or member.
41 :): * * * • *
Rule XII
LEGISLATIVE OVEESIQHT BY STANDING COMMITTEES
Sec. 136. To assist the Congress in appraising the administration of the laws
and in developing such amendments or related legislation as it may deem neces-
sary, each standing committee of the Senate and the House of Representatives
shall exercise continuous watchfulness of the execution by the administrative
agencies concerned of any laws, the subject matter of which is within the juris-
diction of such committee ; and, for that purpose, shall study all pertinent reports
and data submitted to the Congress by the agencies in the executive branch of
the Government.
IV
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 V
RULES ADOPTED BY THE 87TH CONGRESS
House Resolution 8, January 3, 1961
* *>*:*** *
RtTLE X
STANDING COMMITTEES
1. There shall be elected by the House, at the commencement of each
Congress,
*******
(r) Committee on Un-American Activities, to consist of nine Members.
*******
Rule XI
POWERS AND DUTIES OF COMMITTEES
*******
18. Committee on Un-American Activities.
(a) Un-American activities.
(b) The Committee on Un-American Activities, as a whole or by subcommittee,
is authorized to malie from time to time investigations of (1) the extent, char-
acter, and objects of un-American propaganda activities in the United States,
(2) the difEusion within the United States of subversive and un-American prop-
aganda that is instigated from foreign countries or of a domestic origin and
attacks the principle of the form of government as guaranteed by our Constitu-
tion, and (3) all other questions in relation thereto that would aid Congress
in any necessary remedial legislation.
The Committee on Un-American Activities shall report to the House (or to the
Clerk of the House if the House is not in session) the results of any such investi-
gation, together with such recommendations as it deems advisable.
For the purpose of any such investigation, the Committee on Un-American
Activities, or any subcommittee thereof, is authorized to sit and act at such times
and places within the United States, whether or not the House is sitting, has
recessed, or has adjourned, to hold such hearings, to require the attendance
of such witnesses and the production of such books, papers, and documents, and
to take such testimony, as it deems necessary. Subpenas may be issued under
the signature of the chairman of the committee or any subcommittee, or by any
member designated by any such chairman, and may be served by any person
designated by any such chairman or member.
* H: * * * * *
27. To assist the House in appraising the administration of the laws and in
developing such amendments or related legislation as it may deem necessary,
each standing committee of the House shall exercise continuous watchfulness
of the execution by the adminstrative agencies concerned of any laws, the subject
matter of which is within the jurisdiction of such committee; and, for that
purpose, shall study all pertinent reports and data submitted to the House by
the agencies in the executive branch of the Government.
SYNOPSIS
The Fund for Social Analysis and its officers were the subject of
hearings by the Committee on Un-American Activities starting on
May 31, 1961. Officers of this organization were subpenaed to produce
correspondence and records of account, because an investigation con-
ducted into the activities of The Fund for Social Analysis indicated
that it was being operated as a Communist propaganda organization.
The hearings confirmed that the organization, typical of a Com-
munist organization as described in the chairman's opening statement,
maintained no files or correspondence, no records of contributions, no
records of disbursements, other than grants. Even in respect to grants
the checkbook stub and canceled checks submitted by the treasurer,
Irving Kaplan, failed to reflect any payment to one Paul A. Baran,
to whom the organization claimed it had awarded $1500.
Dr. Annette T. Rubinstein, secretary for The Fund for Social
Analysis, had been subpenaed to produce certain documents of the
organization that would normally be in the custody of an organiza-
tional secretary. When asked to produce these documents in com-
pliance with the subpena, she stated that none were in her possession
at the time she was served. She refused to testify as to whether the
documents were ever in her possession or whether she, as secretary of
the organization, ever prepared certain documents called for in the
subpena. Dr. Rubinstein also refused to answer questions with respect
to the identity of individuals responsible for the formation of the
organization; questions with respect to its officers; questions with
respect to her knowledge of individuals selected to receive gi'ants, in-
cluding whether or not she knew Herbert Aptheker, the recipient of
an award of $1000 from The Fund for Social Analysis, was a member
of the National Committee of the Communist Party at the time the
grant was made to him. She likewise refused to answer questions
relating to her membership in the Communist Party, as well as to her
relationship with the now defunct Communist-controlled Jefferson
School of Social Science.
Irving Kaplan, treasurer, was subpenaed to produce books of
account of the Fund. After refusing to identify himself as the
treasurer of the organization or his signature as filed with The Amal-
gamated Bank of New York, Kaplan produced bank statements, can-
celed checks, and the bank book of The Fund for Social Analysis.
He refused to testify in response to questions relating to receipts and
disbursements. Kaplan refused to answer questions relating to his
membei-ship in the Communist Party.
Hari-y Samuel Magdoff, president, was subpenaed to produce the
documents also sought from Secretary Rubinstein and Treasurer Kap-
lan. Like his fellow officers, he claimed that no records were in his
possession at the time his subpena was served upon him. Similarly,
he refused to answer questions as to whether the documents were ever
in his possession. He also refused to answer questions as to the identity
2 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
of other persons who might jpossess tlie documents subpenaed by the
committee. It was evident from the testimony of the organization
officers, inchiding its president, that no permanent records were ever
maintained by The Fund for Social Analysis. Magdoff refused to
answer all questions relating to the identity of individuals respon-
sible for the formation of tlie organization. He refused to testify
about his membei-ship in the Communist Party and also as to the
knowledge he possessed of the Communist affiliations of those individ-
uals identified in the organization's publications as members of its
Awards Committee.
The Awards Committee, according to official publications of The
Fund for Social Analysis, was responsible for the consideration of ap-
plications and the granting of awards. It was comprised of the above
officers and also the following individuals who were subpenaed before
the committee : Stanley Moore, Russell Nixon, and Barrows Dunham.
These responsible associates of The Fund for Social Analysis refused
to answer most questions asked them by the committee for the purpose
of ascertaining the procedures followed in the granting of awards.
Moore and Nixon refused to testify as to their membership in the
Communist Party.
Herbert Aptheker, who received a grant of $1000 from The Fund
for Social Analysis, was also subpenaed. Aptheker refused to answ^er
questions relating to (1) his membership on the National Committee
of the Communist Party, (2) editorship of the Communist publication
Political Affairs, and (3) directorship of the latest Communist in-
doctrination vehicle, The New York School for Marxist Studies.
Aptheker refused to answer questions with respect to the Communist-
controlled schools, the Jefferson School of Social Science and the
Faculty of Social Science.
Isidore Gibby Needleman operated a law^ office in Suite 2800, 165
Broadway, New York City. This was the address of The Fund for
Social Analysis, according to its official publications. Officers of the
Fmid questioned about their organizational set-up refused to answer
questions relating to the Fund's use of the law office of ]\f r. Needleman.
The committee subpenaed John Lautner, a former official of the
Communist Party of the U.S., and questioned him about his knowledge
of Isidore Needleman. Lautner, appearing in executive session, not
only identified Needleman as a member of the Communist Party
but as one of its functionaries wdio approached him in 1948 or 1949
seeking special consideration for a Communist named Miriam Mos-
kowitz. At that time, Lautner headed the Control Commission of
the New York State Communist Party which was considering the
explusion of Miriam Moskowitz. According to Lautner's testimony,
Needleman urged that the expulsion charges against Miriam Mos-
kowitz be dropped, assuring Lautner that she was engaged in an
important party assignment.
It will be noted from Needleman's testimony that he charged the
committee with attempting to smear but, at the same time, refused to
answer questions relating to his membership in the Communist Party
and also refused to answer any question based on the sworn testimony
of John Lautner. It will be further noted that Needleman improperly
invoked attorney-client relationship as his reason for refusing to
answer many questions relating to his knowledge of the operation of
The Fund for Social Analysis.
HEARINGS RELATING TO H.R. 4700, TO AMEND SEC-
TION 11 OF THE SUBVERSIVE ACTIVITIES CONTROL
ACT OF 1950, AS AMENDED
(The Fund for Social Analysis)
WEDNESDAY, IVLAY 31, 1961
United States House or Representatives,
Subcommittee of the
Committee on Un-American Actiyittes,
Washington., D.G.
PUBLIC HEARINGS
A subcommittee of the Committee on Un-American Activities met,
pursuant to call, at 10 a.m., in the Caucus Room, Old House Office
Building, Washington, D.C., Hon. Francis E. Walter (chairman of
the committee) presiding.
Subcommittee members: Representatives Francis E. Walter, of
Pennsylvania, chairman ; Morgan M. Moulder of Missouri ; and Gor-
don H. Scherer, of Ohio.
Committee members present : Representatives Francis E. Walter, of
Pennsylvania; Morgan M. Moulder, of Missouri; Clyde Doyle, of
California ; Edwin E. Willis, of Louisiana ; William M. Tuck, of Vir-
ginia; Gordon H. Scherer, of Ohio; and Henry C. Schadeberg, of
Wisconsin. (Appearances as noted.)
Staff members present: Frank S. Tavenner, Jr., director, and
Donald T. Appell, investigator.
(Present at opening of hearing: Representatives Walter, Doyle,
Scherer, and Schadeberg.)
The Chairman. The suDcommittee will be in order.
Many hearings held by the committee over the past several years
have documented the volume of Communist propaganda being printed
in the Soviet Union and its satellite countries for dissemination in
the United States. The methods used to import this propaganda
have also been documented. In an effort to curb this abuse, I have
offered H.R. 5751, which is presently on the Consent Calendar. This
bill is identical with the one which passed the House in the 86th Con-
gress, but did not reach a vote in the Senate.
We do not believe that Communist propaganda will be fully con-
trolled by this bill, or for that matter by any bill. A Communist
propaganda offensive is being waged both from without and from
within this country in many different fields, and this committee has
endeavored and will continue in its efforts to aid the Congress in its
consideration of necessary remedial legislation to control this Com-
munist weapon.
8
4 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
Prior to 1947, scores of Comnmnist.-front organizations, engaged in
propaganda activities, enjoyed tax-exempt status. Moneys donated
to such organizations were deductible on the income tax returns of
individual and corporate donors. In 1947, tlie Commissioner of
Internal Revenue, acting on the findings of the Attorney General,
removed the tax-exempt status of those organizations which the At-
torney General found to be subversive.
This was thought to be the coup which would fold most of these
subversive organizations, but, as we know, it did not. Most of the
organizations continued to flourish even at the start with a reduced
budget. It was not until organizations were found to be subversive
by the Subversive Activities Control Board that many ceased to exist,
at least nnder the name by which they had been known for years.
(At this point Mr. Moulder entered the hearing room.)
The Chatriman. However, even such a finding did not bring about
the demise of the American Committee for Protection of Foreign
Born. Newly named organizations are cropping up daily to replace
those which have served their purpose.
None of these propaganda organs died from the lack of income.
The}^ were discontinued because they had served their purpose or
because the citation as subversive lemoved their acceptability to the
general public.
Years have now passed since the Attorney General has cited an
organization as subversive. The limitation placed upon his office
by the courts is having the effect of stopping further citations. The
courts' delay in passing upon the provisions of the Subversive Activi-
ties Control Act of 1950, and the years it takes between a hearing
before the Subversive Activities Control Board and the issuance of a
final order, have all worked to the advantage of Communist organi-
zations. Therefore, the Commissioner of Internal Revenue needs
authority to deny tax relief to these organizations immediately upon
their formation.
However, denial of tax exemption has not, and will never bring
about the elimination of propaganda organizations. Preliminary
investigations by the committee ha^e uncovered the fact that one or-
ganization has solicited over the period of less than 5 years, over a
quarter of a million dollars. This money has been used almost ex-
clusively in the dissemination of propaganda in defense of the Com-
munist Party and its members, and in the furtherance of Communist
Party objectives. Its principal income has not been taxable because
it is derived from gifts or contributions. The organization does not
seek tax exemption. It files a return which excludes gifts or contri-
tributions from tax computation. Thus, the expenses exceed the tax-
able income and no tax is due the United States.
We have found that many organizations engaged in subversive
propaganda do not bother to even file a return. They likewise do
not bother to maintain records and thereby place a burden on the
Internal Revenue Service of proving the amount of income received
and the source thereof. In the caae of one organization, when the
Internal Revenue Service made inquiry as to why no return had been
filed, it refused to make its records available for examination. By the
time the Internal Revenue Service demanded the production of the
records, the oriranization had been abolished. Within montlis the
SUBVERSIVE ACTIVITIES CONTROL ACT OF 19 50 5
same people, orcranized under a new name, were back working on
behalf of commmiism.
Based on this preliminaiy evidence, I introduced H.R. 4700, to
amend section 11 of the Subversive Activities Control Act of 1950.
This legislation is designed to place in t\ie hands of the Internal
Revenue Service authority to ])roceed immediately against Commun-
ist action, as ^vell as Communist-front, organizations. It further
provides that contributions made to such organizations shall be con-
sidered as taxable income, and further, that money expended in carry-
ing out subversive propaganda shall not be deductible.
The purpose in calling the officers of The Fund for Social Analysis
is to determine whether the organization is using funds contributed
to it for Conniiujiist propaganda purposes or other Communist Party
objectives, and if so, whether or not the use of funds for such pur-
poses by this and other organizations justifies the enactment of H.R.
4Y00, which has been referred to this committee.
An additional purpose of the liearing is to ascertain whether or
not the witness, aside from any relationship he might have with The
Fund for Social Analysis, is engaged in activities in behalf of the
Communist Party of the United States or the international Com-
munist movement.
The committee is not in any sense interested in restricting bona
fide research and st;idy of communism. In fact, it has encouraged an
objective study and teaching of communism, so that America may
better understand the problems that communism poses throughout
the world.
Among the witnesses subpenaed arc three officers of The Fund for
Social Analysis, who have been served with a subpena duces tecum
requiring the production of certain records. The production of these
records is being sought for the purpose of aiding the staff in the con-
duct of its investigations and not for the purpose of spreading them
on the public record.
Mr. Tavenner, let the resolution authorizing the hearings and the
appointment of the subcommittee be made a part of the record.
(The documents referred to follow :)
March 1, 1961.
Be it resolved, That hearings by the Committee on Un-American Activities, or
subcommittees thereof, be held at such places and times as the chairman may
designate, for the purpose of con.^idering and acting upon H.R. 4700, referred
to this committee, amending the text of Section 11 of the Subversive Activities
Control Act of 1950, as amended, relating to :
(1) Deductions for Federal income tax purposes in the case of contributions
to or for the use of any Communist organization ;
(2) Deductions for Federal income tax purposes under the Internal Revenue
Code of 1954, on the part of Communist organizations ;
(3) Exemption to Communist organizations from Federal income tax under
such code ; and
(4) The inclusion of gifts of funds or services on the gross Income of any
Communist organization.
Be it further resolved, That the staff of the committee is authorized to con-
duct such investigations as the chairman may deem reasonably necessary in
preparation for said hearings.
Be it further resolved, That hearings may be conducted on any other matters
within tlie jurisdiction of the committee, which it, or any subcommittee thereof,
appointed to conduct these hearings, may designate.
6 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
May 31, 1961.
To : Mr. Frank S. Tavenner, Jr.,
Director,
House Committee on Un-American Activities.
Pursuant to the provisions of the law and the Rules of this Committee, I
hereby appoint a subcommittee of the Committee on Un-American Activities,
consisting of Hon. Gordon H. Scherer and Hon. Morgan M. Moulder, as asso-
ciate members, and myself, as Chairman, to conduct hearings in Washington,
D.C., beginning on the 31st day of May, 1961, on H.R. 4700, and other subjects
under investigation by the Committee, and take such testimony on said day or
succeeding days as it may deem necessary.
Please make this action a matter of Committee record.
If any member indicates his inability to serve, please notify me.
Given under my hand this 31st day of May, 1961.
/s/ Francis E. Walter,
Francis E. Walter,
Chairman, Committee on Un-American Activities.
The Chairman. Call your witness.
Mr. Tavenner. Dr. Annette T. Rubinstein, will you come forward,
please ? Will you swear the witness, Mr. Chairman ?
The Chairman. Will you raise your right hand, please ? Will you
stand ?
Do you swear that the testimony you are about to give is the truth,
the whole truth, and nothing but the truth, so help you God ?
Miss Rubinstein. I do.
TESTIMONY OF ANNETTE T. RUBINSTEIN, ACCOMPANIED BY
COUNSEL, ISIDORE NEEDLEMAN
Mr. Tavenner. Will you please state your name, your residence,
and your occupation ?
Miss Rubinstein. My name is Annette T. Rubinstein. I live at 59
West 71st Street, New York City. I am a writer and lecturer.
Mr. Tavenner. It is noted that you are accompanied by counsel.
Will counsel please identify himself for the record ?
Mr. Needleman. Isidore Needleman, 165 Broadway, New Y^ork
City.
Mr. Tavenner. Mrs. Rubinstein ?
Miss Rubinstein. Miss.
Mr. Tavenner. I hand you a document which the committee pro-
cured through a subpena duces tecum, entitled "Certificate of Au-
thority for Unincorporated Association Account."
Will you examine it please, and state whether or not your name is
signed to it as secretary of The Fund for Social Analysis ?
Miss Rubinstein. I decline to answer the question on the grounds
of the first amendment, and the fourth and the fifth, and the im-
pertinency of the request.
Mr. Tavenner. Mr. Chairman, I offer the document in evidence
and ask that it be marked "Rubinstein Exhibit No. 1."
The Chairman. Make it a part of the record.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
(Document marked "Rubinstein Exhibit No. 1" follows:)
Rubinstein Exhibit No. 1
Certificate of Authoiity for Unincorporated Association Account
t,. (L«.j3tu., liJ&dn:r!o--i2^ .
, Iwreby osrlify ^mI
jaaA tlie oiSBcial t»ta»aHen tt oertaio records, hKlixUQg the By-Laws.
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an unt/teoFporateil axsoolatlon
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8 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
Mr. Ta\^nner. I would like to read it into the record.
I, Annette T. Rubinstein, hereby certify that I am Secretary and the official
custodian of certain records, including the By-Laws and the minutes of the
meetings of the members and the Administrative Committee of The Fund for
Social Analysis, an unincorporated association doing business in New York State;
that The Amalgamated Bank of New York has been designated as a depository
of this Association, the officers of which elected to hold office until their suc-
cessors are elected, are: Harry MagdofC, President —
with a signature appearing opposite the name —
Irving Kaplan, Treasurer —
with a signature in the name of Irving Kaplan opposite that name —
Annette T. Rubinstein, Secretary —
with a signature opposite that name —
and that these officers are empowered to withdraw funds by checks, drafts or
orders signed in the following manner : Number To Sign, Two. Titles of Officers
Empowered To Sign, President, Treasurer, Secretary. Witness my hand and
the official seal of this Association this thirteenth day of November 14, 1958.
Annette T. Rubinstein, Secretary.
Mrs. Rubinstein
Miss Rubinstein". Miss Rubinstein, please.
Mr. Tavenner. Excuse me. Miss Rubinstein, will you examine
the document again and state whether or not the signature appearing
after the name "Annette T. Rubinstein, Secretary," is your signature?
Miss Rubinstein. I decline to answer that question again on the
grounds of a lack of pertinency of the first amendment, the fourth
amendment, and the fifth amendment.
Mr. Tavenner. Dr. Rubinstein, there was served upon you a sub-
pena duces tecum requiring the production of certain documents, the
return on which shows that you were served by Mr. Raymond T. Col-
lins, an investigator of the staff of the Committee on Un-American
Activities on May 24, 1961.
I desire to offer tlie returu of the subpena in evidence and have it
marked "Rubinstein Exhibit No. 2."
The Chairman. So ordered.
(Document marked "Rubinstein Exhibit No. 2" and retained in
committee files.)
Mr. Ta\'enner. The first item called for by the subpena, and I may
say this subpena is issued to you as secretary of The Fund for Social
Analysis, is "All minutes of the meetings of the Awards Committee
of The Fund for Social Analysis from January 1, 1958, to date."
Please produce those records.
Miss Rubinstein. Those records were not in my possession at the
time when the subpena was served and have not been in my posses-
sion since ; so that I have not produced them.
]\Ir. Tavenner. Where are they ?
(The witness conferred with lier counsel.)
Miss Rubinstein. To tlie best of my knowledge and belief there
are no such records. If such records do exist I have no idea where
they are.
Mr. Tavenner. Did you prepare minutes of the meeting of the
Awards Committee?
(The witness conferred witli her counsel.)
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 9
Miss KuBiNSTEiN. I had no such records at the time when I was
served with the siibpena and I have had none since. As to any other
part of that question, I decline to answer on tlie grounds of the first,
and the fifth, and the fourth.
Mr. Tavenner. May I ha^e a direction that the witness be di-
rected to answer ?
Tlie Chairman. You are directed to answer the question, Miss
Witness.
Miss Rubinstein. I decline to answer on the grounds of the first,
fourth, and fifth amendments.
The Chairman. Prior to tlie service did you have such records?
(The witness conferred with her counsel.)
Miss Rubinstein. I declin.e to answer that question on the same
grounds.
The Chairman. Did you ever have records such as have been
described ?
Miss Rubinstein. I decline to answer that question on the same
grounds.
Mr. Tavenner. I think there sliould be a direction to answer.
The Chairman. You are directed to answer the question.
Miss Rubinstein. I decline to answer that question on the grounds
of the first, fourth, and fifth amendments.
Mr. Tavi^inner. The second item called for in the subpena duces
tecum
Mr. Scherer. Pardon me. Did you have such records the day
before you "were served with the subpena ?
Miss Rubinstein. Well, I have just declined to ansvN-er the question.
Mr. Scherer. I understand that.
Miss RuBiK STEIN. As to whether i ever had such records, which
would include the day before, wouldn't it 't
Mr. Scherer. Did you ha^'e such records a week before the sub-
pena was served ?
Miss Rubinstein. I have just declined to answer that question as
to whether I ever had such records, which would include the week
before, wouldn't it ?
Mr. Scherer. Did you ever have such records %
Miss Rubinstein. "Ever" includes a day, a week, a month, a year,
any amount of time you wish to name. The answer is the same. I
just declined it so that it would include any such period of time,
"eveiy* prior to the subpena or since.
Mr. Ta\'t;nner. Dr. Rubinstein, Exhibit No. 1 shows that you were
tlie keeper of the minutes of the Administrative Committee of The
Fund for Social Analysis, and the subpena has required your pro-
duction as Item 2 :
All minutes of the meetings of the Administrative Committee of The Fund for
Social Analysis relating to grants and/or awards, from .January 1, 1958, to date.
Produce them, please.
Miss Rubinstein. Well, that seemed to have two parts. As far as
the records, I do not have and did not have at the time the subpena
was served, and have not had since, any such records, but you said
it showed I was the keeper of records.
May I see that again, please ?
(The document was handed to tlie witness. )
10 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
Mr. Tavenner. Yes, you so certifiexl.
(The witness conferred with her counsel.)
Miss Rubinstein. Thank you.
Mr. Needleman. Will the record show what date that was?
Mr. Ta\t2nner. The document showed that it was dated in 1958,
November 14, 1958.
The Chairman. It is a part of the record.
Mr. Ta\t.nner. Will you answer the question, please?
Miss Rubinstein. I did not have at the time the subpena was
served, and have not had since, the documents referred to in the
second listing and have therefore not produced them.
Mr. ScHERER. Do you know who has those records now ?
Miss Rubinstein. I have no knowledge as to where those i*ecords,
if they exist, are.
Mr. DoYUE. May I ask a question, Mr. Chairman ?
The Chairman. Yes, Mr. Doyle.
Mr. DoTLE. I notice, Miss Rubinstein, about three times now you
have said : "I did not have those records in my possession at the time."
When did you have them in your possession ?
You have emphasized that very clearly in your answers. You rec-
ognize that. We do, too. Your answer is you did not have them in
your possession at the time you were subpenaed. When did you have
them in your possession ?
Miss Rubinstein. Well
(The witness conferred with her counsel.)
Miss Rubinstein. Well, as to that question I have declined to an-
swer on the grounds of the first, the fourth, and the fifth amendment.
I understand that legally I am bound to answer as to whether or not
I had the records in my possession when I was served. Therefore I
was careful to use what I was told was the correct legal form there.
Mr. Doyle. When did you dispose of the records that you had — one
time had — into somebody else's possession ?
Miss RnjiNSTEiN. That makes an assumption that I cannot accept
but, aside from that, I decline to answer the question on the grounds
of the first, fourth, and fifth.
You assume I had the records which I have not said. You assiune
I disposed of them which I have not said, but I am not bound to an-
swer on the grounds of the first, fourth, and fifth.
Mr. Doyle. I assume from your answer that you at one time had
them.
Miss Rubinstein. That would be a false assumption but I am not
bound to answer that.
Mr. Doyle. I do not think it would be false.
The Chairman. Go ahead.
Mr. Tavenner. Did you destroy these records that have been called
for as Items 1 and 2 ?
(The witness conferred with her counsel.)
Miss Rubinstein. I had no such records at the time of the subpena,
have had none since, had destroyed no records at the time or since the
time of the subpena. I decline to answer the question as to any prior
period on the gi'oimds of the first, fourth, and fifth amendments.
Mr. Tavenner. May I have a direction that the witness answer the
question ?
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 11
The Chairman. You are directed to answer the question.
Miss Rubinstein. I decline to answer the question on the grounds
of the first, fourth, and fifth amendments.
Mr. ScHERER. Did you destroy the records at any time ?
Miss Rubinstein. I have just declined to answer that question, sir.
Mr. ScHERER. No, you have not.
(The witness conferred with her coimsel.)
Miss Rubinstein. Since the service of the subpena I have destroyed
no records. I had no records at the time of the service of the subpena
and I have had none since. As to any prior time I have declined to
answer the question on the constitutional grounds.
Mr. ScHERER. I ask that you direct the witness to answer the ques-
tion as to whether she destroyed these records prior to the service of
the subpena.
Tlie Chairman. You are directed to answer the question.
Miss Rubinstein. I decline to answer the question on the grounds
of the protection afforded by the first, fourth, and fifth amendments
of the Constitution.
Tlie Chairman. Proceed.
Mr. Tavenner. Did any officer of The Fund for Social Analysis
direct you to make a disposition of these records in such a manner
that they would not be available here to this committee ?
(The witness conferred with her counsel.)
Miss Rubinstein. No, there was never at any time such a direction.
Mr. Tavenner. Did you reduce the action taken by the Adminis-
trative Committee of The Fund for Social Analysis to written minutes
at any time ?
(The witness conferred with her counsel.)
Miss Rubinstein. I decline to answer this question on the grounds
of tlie first, fourth, and fifth amendments.
(At this point Mr. Tuck entered tlie hearing room.)
Mr. Tavenner. The third item called for in the subpena is :
Copies of all letters or memoranda from The Fund for Social Analysis and/or
any of its officers, agents or employees, to individuals, corporations or associ-
ations, relating to donations and/or loans made to The Fund for Social Analysis
from January 1, 1958, to date.
Please produce the records.
Miss RuBiNsrEiN. I had no sucli records in my possession at the time
of the service of the subpena and have had no such records in my
possession, and have therefore not produced them.
Mr. Ta-\t;nner. What did you do with the records ?
Miss Rubinstein. This makes a false assumption again.
Mr. Tavenner. Please answer the question.
What did you do with them ?
(The witness conferred with her counsel.)
Miss Rubinstein. I decline on the grounds of the first, fourth, and
fifth amendments.
Mr. Tavenner. I think the witness should be directed to answer the
question, Mr. Chairman. I think there should be a direction to answer
the question.
The Chairman. You are directed to answer the question.
Miss Rubinstein. I have liad no such records since the subpena was
served.
72930—^61 2
12 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
As to tlie prior time I liave already declined on the grounds of the
lirsL fourth, and fifth amendments and I do so again.
Mr, Tavenner. The fourth item in the subpena duces tecum is :
All letters or memoranda received from individuals, corporations or associ-
ations to The Fund for Social Analysis and/or any of its officers, agents or em-
ployees, relating to donations and/or loans, to The Fund for Social Analysis,
from January 1, 1958, to date.
Please produce them.
Miss Rubinstein. I had no such records at the time of the service
of the subpena and have had no such records since, and I have, there-
fore, been unable to produce them.
The Chairman. I am assuming that you destroyed all of these rec-
ords. Is this assumption correct ?
Miss Rubinstein. I have destroyed no records since the time of the
service of the subpena. On any prior time I decline to answer on the
grounds of the first, fourth, and fifth and point out tliat a declination
does not imply an afHrmative answer.
Mr. Tavenner. I think the witness should be directed to answer,
Mr. Chairman,
The Chairman. You are directed to answer that question.
Miss Rubinstein. I have already answered and repeat my answer.
Mr. Tavenner. Item 5 of the subpena requires the j^roduction of —
All applications, letters or memoranda from individuals addressed to The
Fund for Social Analysis and/or any of its officers, agents or employees, seeking
grants or awards of money from The Fund for Social Analysis, from January
1, 1958, to date.
And Item 6 provides for the production of — ■
Copies of all letters or memoranda of The Fund for Social Analysis, or any of
its officers, agents or employees, relating to grants or awards or money by The
Fund for Social Analysis, from January 1, 1958, to date.
Please produce those records.
Miss Rup.iNSTEiN. I had no such records in my possession at the
time of the service of the subpena and have had no such records since,
and have therefore been unable to produce them,
Mr, SciiERER. Do you know wlio had possession of those records at
the time the subpena was served upon you ?
(The witness conferred with her counsel.)
Mr. Needleman. May I hear that question again ?
Mr. ScHERER. Do you know who had possession of those recortls at
the time tlie subpena was served on you ?
(The witness conferred with her counsel.)
Miss Rubinstein. 1 decline to answer that question on the grounds
of tlie first, fourth, and hfth amendments.
Mr. ScHERER. Do you know where those records are today '^
(The witness conferred with her counsel.)
Mr. ScHERER. Do you have any knowledge as to where those records
are today?
Miss Rubinstein. No, I have no knowledge whatsoever as to where
tliey are, if they exist.
Tlie Chairman. Why did you add that, "if they exist" ?
Miss Rubinstein. Because I have no knowledge as to whethei- they
exist or not, obviously.
Mr. SciiERER. At any time did you (urn such rec(n-ds ms luive been
subpenaed over to anyone ?
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 13
Miss KuBiNSTEiN. You are speaking of a time prior to the service of
the subpena or since ?
Mr. ScuERER. At any time.
Miss Rubinstein. Since the service of the subpena I have not done
so. Prior to the service of the subpena I decline to answer this ques-
tion on the grounds of tlie first, fourtli, and fifth amendments.
ISIr. ScHERER. To whom did you turn over the records prior to the
service of the subpena ?
:Miss E-uBiNSTi:iN. Well, this is silly.
:Mr. SciiERER. Well, it is not silly.
Miss Rubinstein. First of all, it is a silly assumption and second,
it is silly because I am just repeating the same answer. I have al-
ready answered '*! decline on the grounds of the first, fourth, and
fifth," and I again decline on the grounds of the first, fonrth, and
fifth.
Mr. SciiERER. Is my assumption nicorrect that you did turn over
these records to somebody prior to the service of the subpena upon
you ?
JMiss Rubinstein. Your assumption is clearly unwarranted.
Mr. SciiERER. Is my assumption incorrect ?
Miss RuBiNSiTciN. I have already declined to answer a "yes" or
"no."
Mr. SciiERER. I ask the chairman to direct the witness to answer
the question whether my assumption is incorrect.
The Chairman. Yoii are directed to answer that question.
Miss Rubinstein. I decline to answer that on the grounds of the
first, fourth, and fifth amendments.
The Chairman. Go ahead, Mr. Tavenner.
Mr. Taatenner. Mr. Chainnan, the question was asked by Mi-.
Scherer as to Avhether the witness destroyed these records. I think
that there ought to be a direction to answ-er that question. Other-
wise it might be considered that the committee has accepted her
answer.
Mr. Needleman. I think she answered that question, Mr. Tavenner,
that she didn't since the service of the subpena.
Mr. Tavenner. But he asked prior to the service.
The Chair:man. You are directed to answer the question as to
whether or not you destroyed them.
Miss Rubinstein. As to the period prior to the service of the sub-
pena, I repeat my declination on the grounds of the first, fourth, and
fiftli amendments.
(The witness conferred with her counsel.)
Mr. Tavenner. I hand 3^011 a letter bearing date of December ;>,
1959, bearing a signature purporting to be that of Annette T. Rubin-
stein for the Committee on Awards.
(At this point, Mr. Willis entered the hearing room.)
Mr. Tavenner. Did you write that letter? I have purposely
blocked out the name of the addressee.
(The document was handed to the witness.)
Mr. Needleman. We can't read it.
(The witness conferred with her counsel. )
Miss Rubinstein. I decline to answer that question on the grounds
of the first, fourth, and fifth amendments.
14 SUBVERSIVE ACTIVITIES CONTROL ACT OF 19 50
(Document marked "Kubinstein Exhibit No. 3," and retained in
committee files.)
Mr- Tavenner. "VVbat did you do with the copy of that letter?
Miss Rubinstein. Wliat letter ?
Mr. Ta"\tenner. This letter. That is the original. What did you
do with the copy ?
Miss Rubinstein. Well, what kind of a question is that?
(The witness conferred with her counsel.)
Mr. Tavenner. The question is perfectly plain. What did you do
with the copy of this letter ?
(The witness conferred with her counsel.)
Miss Rubinstein. I had no such copy at the time when the subpena
was served or at any time since, and at any period before I decline to
answer on the grounds of the first, fourth, and fifth amendments.
The Chairman. Do you live at 59 West 71st Street ?
Miss Rubinstein. I do.
The Chairman. The letterhead is Annette T. Rubinstein, 59 West
71st Street, New York.
Mr. Needleman. Mr. Chairman, could the record show how the
committee got that letter ?
The Chairman. Of course not.
Mr. Needleman. Did they write for the mails ?
The Chairman. IVliy, of course not, and you know better than
that. Someone who was naive sent this on to the committee. You
would be surprised how much information we get like that.
Mr. Needleman. Then what's the secret ? Why can't we know how
you got it?
The Chairman. All right, go ahead, Mr. Tavenner.
Mr. Tavenner. I think if you would produce the copies of the
records it would reflect as much information as you would need — the
copies of the letters.
Mr. Doyle. Mr. Chairman, may I make this observation for the
benefit of Miss Rubinstein ?
Twice, a few minutes ago, you told Mr. Scherer you thought his
questions were silly. Do you remember so doing ?
Miss Rubinstein. Yes.
Mr. Doyle. What was silly about his questions ?
(The witness conferred with her counsel.)
Miss Rubinstein. Because I had just answered that question. To
ask it again was silly and also to make an assumption which I had
refused either to confirm or deny as though, because it was put in a
different way, I would either affirm or deny what I had just refused
to affirm or deny.
Mr. Doyle. That is why you told him twice his questions were
sillyj
Miss Rubinstein. I remember doing it once; but possibly twice.
Mr. Ta\t.nner. Dr. Rubinstein, I now hand you a public announce-
ment of the creation of The Fund for Social Analysis which ajipeared
in the Communist publication Mainstream of April, 1958 (p. 63).
Will you examine it, please, and state whether or not the name of
Mary Jane Keeney is signed as corresponding secretary ?
(The document was handed to the witness.)
(The witness conferred with her counsel.)
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 15
Miss Rubinstein. Do you mean whether I read this here ?
Mr. Tavenner. Yes, whether you see it at the bottom of the docu-
ment.
Miss Rubinstein. I read this here in this photostat.
Mr. Tavenner. I desire to offer the document in evidence and ask
that it be marked "Rubinstein Exhibit No. 4."
The Chairman. Mark it as part of the record.
(Document marked "Rubinstein Exhibit No. 4" follows:)
Rubinstein Exhibit No. 4
Letters
Editor, Maistream: [Mainstream]
The Fund for Social Analysis has just been organized as an informal group
of individuals interested in aiding researcli on problems of Marxist theory
and its application, bringing together people who want to encourage such
studies and to provide financial assistance toward their production. It operates
without paid personnel or other overhead costs, and distributes all money
raised by the sponsors through voluntary activities in research grants. In its
Statement of Policy, the Fund defines its purpose as follows :
"Socialist thinking in the United States has traditionally neglected ana-
lytical and basic theoretical work. The retarding effect of this failure on the
socialist and labor movements in our country is today more apparent than
ever before. Under the recent pressures for social conformity, research on prob-
lems opened up by Marxist theory has dwindled to a particularly low level. It is
the purpose of the Fund to do what it can to correct this situation by providing
grants-in-aid for research and publications to social scientists analyzing or
applying Marxist hypotheses."
In making its awards the Fund will be guided solely by its estimate of the
intellectual qualifications of the applicants and the significance of the prob-
lems they propose to study. Its object is to promote research in an area of
inquiry, not to popularize a set of uncriticized beliefs. Its Committee on Awards
has entire responsibility, not subject to review, for making grants. For the
first year of the Fund's operations, the Committee on Awards comprises the
following : Frank Coe, Irving Kaplan, Harry Magdoff, Stanley Moore, Rus-
sell Nixon, Annette Rubinstein and J. Raymond Walsh, as well as a panel of
consultants in special fields who are available on call. Grants will ordinarily
range from $500 to $3,000, but applications for larger or smaller amounts will
be considered.
Projects for books and essays in all fields of social science will be welcomed.
Preference will be given to topics bearing upon current problems over those of
purely historical interest, topics bearing upon the United States over those solely
concerned with other countries, and to studies already under way over projects
merely in outline. Applications for grants and further information should be
addressed to the Corresponding Secretai-y, The Fund for Social Analysis, Room
2800, 165 Broadway, New York 6, N.Y. Applications should contain the follow-
ing information :
1. Name and address of applicant.
2. Outline of project.
3. Such parts of project as may have been drafted.
4. Plans for publication.
5. Amount of money requested and proposed use.
6. Previous publications, if any.
7. Relevant biographical data.
8. Such references (names and addresses of persons familiar with the ap-
plicant's work and intellectual qualifications) as applicant may wish to
submit.
(Extra copies of the application form and previous publications will be ap-
preciated but are not required.)
Maky Jane Keeney,
Corresponding Secretary.
16 SUBVERSIVE ACTIVITIES CONTROL ACT OF 19 50
Mr. Tavenner. Was Mary Jane Keeney tlie corresponding secre-
taiy in April 1958?
Miss KuBiNS'raiN. I decline to ans^vor tliis quosiion on the grounds
of the first and fifth amendments.
Mr. Tavexnek. When was The Fund for Social Analysis organized ?
(The witness conferred with her counsel.)
Miss Rubinstein. I decline to answer that question on the grounds
of the first and fifth amendment.
Mr. Tavenner. Were you the Fund's organizational secretary at
the inception of the business of the Fund ?
Miss Rubinstein. I decline to answer that question on the grounds
of the first and fifth amendment.
Mr. ScHERER. Do you feel that to answer that question might lead
to a criminal prosecution against you ?
Miss Rubinstein. From my knowledge of this conunittee and its
general tactics, that does not seem an impossibility although it would
seem to me quite unjustified.
Mr. Doyle. May I inquire, has there been any secretary of this
Fmid other than you since the Fund was organized ^
Miss Rubinstein. I decline to answer that question on the gromids
of the first and fifth amendment.
Mr. Doyle. Was there another secretary of this Fund chosen just
prior to the time you w^ere subpenaed, or approximately, who took the
records and now has possession of them, as far as you know ?
(The witness conferred wnth her counsel.)
Miss Rubinstein. I decline to answer this question on the grounds
of the first and fifth amendments.
The Chairman. Who is the treasurer of your organization ?
Miss Rubinstein. I decline to answer this question on the grounds
of the first and fifth amendment.
The Chairman. I direct you to answer the question, ''Who is the
treasurer?"
Miss Rubinstein. I decline to answer tlie question on the grounds
of the first and fifth amendment.
Mr. Moulder. What are the general functions, activities, and ob-
jectives of this organization?
(The w'itness conferred with her counsel.)
Miss Rubinstein. Well, there was a public statement made and re-
located, posted on college bulletin boards, in learned journals, eco-
nomic quarterlies, and so on, and I think this very succinctly and well
states the purposes of the Fund as far as I know them.
It says :
The Fund for Social Analysis is an informal organization of individuals inter-
ested in aiding research on problems of Marxist theory and its application. The
Fund is designed to bring together people who want to encourage such studies
and to provide financial assistance toward their production. It operates with-
out paid personnel or other overhead costs. Money is raised entirely through
the voluntary activities of the membership, and all contributions are allocated in
their entirety for research grants.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 17
Socialist thinking in the United States has traditionally neglected analytical
and basic theoretical work. The retarding effect of this failure on the socialist
and labor movements in our country is today more apparent than ever before.
Under the recent pressures for social conformity, research on problems opened
up by Marxist theory has dwindled to a particularly low level. It is the pur-
pose of the Fund to do what it can to correct this situation by providing grants-
in-aid for research and publication to social scientists analyzing or applying
Marxist hypotheses.
In making its awards the Fund will be guided solely by its estimate of the
intellectual qualifications of the applicants and the significance of the problems
they propose to study. Its object is to promote research in an area of inquiry,
Udt to popularize a set of imeritical beliefs. Every scientist muist be to some
extent a critic of the theories he examines or applies. He alone is the proper
person to decide how far the criticism shall go.
Projects for books or essays in all fields of social science will be welcomed.
Topics bearing upon current problems will he given preference over those of
purely historical interest. Topics bearing upon the United States will be given
preference over those solely concerned with other countries.
This statement has appeared in, I think, literally dozens of issues
of various learned and academic journals and on the bulletin boards
of many, many universities with graduate schools, and has been
widely publicized during the past 3 years.
I think it gives a succinct statement of the purposes of the Fund.
INIr. Doyle. May I ask who provided this statement?
Miss RuBixsTEiN-. I decline to answer that question on the grounds
of the first and fifth amendments.
Mr. Tavenner. What is the date of the statement ?
Miss Rubinstein. There is no date appended to it here but it lias
been on bulletin boards and in journals for, oh, at least 3 years back, I
would say.
Mr. Tavenner. Did you assist in the preparation of it as secre-
tary of the Fund ?
Miss Rubinstein. I decline to answer this question on the grounds
of tlie first and fifth amendments.
Mr. Tavenner. Were you a member of the Communist Party at
the time that the document you refer to was placed on the bulletin
boards of the various colleges ?
(The witness conferred with her counsel.)
Miss Rubinstein. I decline to answer this question on the princi-
ples of the first amendment and under the protection of the fifth.
Mr. Tavenner. I hand you a document wliich the committee pro-
cured through a subpena duces tecum and ask you to examine it and
state whether or not the signature at the bottom over the word "Secre-
tary'' is your signature?
(The document was handed to the witness.)
Miss Rubinstein. I decline to answer this question on the grounds
of the first, fourth, and fifth amendments.
(At this point Chairman Walter left the hearing room.)
Mr. Tavenner. I desire to offer the document in evidence and ask
that it be marked "Rubinstein Exhibit No. 5,"
Mr. Moulder (presiding). It may be placed in evidence and so
marked.
18 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
(Document marked "Rubinstein Exhibit No. 5" follows:)
Rubinstein Exhibit No. 5
r iVimette T, Hubir. stein
.Secr«.tQrY ot — Thft j'lijai.' for ,^on1,fil — Axial^,sl,a
IQ rTon-profit organization} do hereby c&rtify:
That the following is a true abstract of q resolution
duly adopted at a meet mg cf, tjlfe, of ,f lOfiXS P^<l .
■iLixg.ct.Qrs ...ot 'f M.. Fimcl for Social Aiicaysis
duly held on t he__JL2__ day n f 'Jbtai rixy 4 q ..$8^^ .
RESOLVED: That an account be opened in the
name of .The Fuiid for Social .'-iialyGis
wjth the East Rjver Savings Bank of the Cjtv of Hew
York for the purpose, of depositing therein lunds of
aoid organization. . ' .
^ Thot the officers of this organi zo t ion/ or an^
-<~ a<i th©m^ a« certified to said Bonk by our Secre-
tary froen tiyae to time aholi have full authority to
withdraw any or all of the funds credited to the organ*-
zotion on the occount. Soid East River Savings Bank
stay rely, \apon said delagotion of authority <ind honor
the si^Qturea and act s of the of f icers certified until-
receipt^ by the Bank of o certification of new or oth®r
officsxa homing auch outhority and the filing with the
BonlE of the signatures thereof.
or oth#r instrua^nte for withcfrawQl* of funds TTnclW^
ing those drawn to cash or beorer or to the individual
order ©/ the officer or officers signing the some) and
also receive the funds withdrawn for deposit to the
credit^of any holder^ without inquiry of any kind.
Witness jpy hand and seal of said organization thinLE^ '
day of
U4VKt&L f^ (XAMyy^-MXlU^^^
SECRETARY
E A L )
Uil^ys/p-
Annr^vckH for filinO___LQ
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 19
Mr. Tavenner. Mr. Chairman, I will not read the document, but it
is a document over the signature of the secretary, bearing date of Jan-
uaiy 18, 1958, constituting authority for the signatures for the with-
drawal of funds from a bank, the bank being the East Kiver Savings
Bank of the City of New York.
Will you state, please, whether or not the 18th of January 1958, the
date of this document, was the approximate date of the foundation
of The Fund for Social Analysis ?
Miss RuBixsTEiN. I decline to answer this question on the grounds
of the first and fifth amendment.
Mr. Tavenner. Who were the individuals who formed the organi-
zation. The Fund for Social Analysis?
Miss Rubinstein. I decline to answer this question on the grounds
of the first and fifth amendment.
Mr. Tavenner. Did you participate in its formation ?
Miss Rubinstein. I decline to answer this question on the grounds
of the first and fifth amendment.
Mr. Tavenner. Were other persons who participated in it members
of the Communist Party ?
Miss Rubinstein. I decline to answer this question on the grounds
of the first and fifth amendment.
Mr. Tavenner. Has this Fund made awards or grants to individ-
uals whom you personally knew to be members of the Communist
Party?
Miss Rubinstein. I decline to answer this question on the grounds
of the first and fifth amendments.
Mr. Tavenner. Did The Fund for Social Analysis make an award
in the sum of $1,000 to Herbert Aptheker, a member of the National
Committee of the Communist Party of the United States
(The witness conferred with her counsel.)
Mr. Tavenner. — at a time when he was known to you to hold
that position in the Communist Party ?
Miss Rubinstein. I decline to answer this question on the grounds
of the first and fifth amendments.
Mr. Tavenner. You read a moment ago from a document. Would
you mind letting me see it ?
Mr. Needleman. On advice of counsel, she will not.
Mr. ScHERER. Mr. Chairman, I ask that the witness be directed to
submit to our director the document from which she read.
Mr. Moulder. The witness is directed to respond to the request
made by counsel.
Mr. DoTLE. She has opened the door. Counsel, you know that, by
reading it herself.
Mr. Needleman. This is not one of the documents of subpena. I
don't think the committee is entitled to it.
Mr. ScHERER. Do you think we would have gotten it if we had
subpenaed it?
Mr. Tavenner. It may be one of them.
Mr. Needleman. I will tell you what we will do.
Mr. Tavenner. I suggest the chairman tell us what we will do.
Mr. Moulder. The witness is directed to produce the document.
(The document was handed to Mr. Tavenner.)
Mr. Moulder. Let the record show that the witness has given the
document to counsel.
20 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
Mr. Doyle. I submit the entire document is available to the com-
mittee.
Miss Rubinstein. Counsel has it.
Mr. Needleman. Don't let's fight when there is no occasion fo,
Mr. Congressman.
Mr. DoYL,E. You folded the page, I note.
Mr. Needleman. I was trying to call attention to the first page.
Mr. Tavenner. Let me read this paragraph :
We should very much appreciate receiving any individual statements or group
resolutions on this position, or on the pending action of the HUAC.
which is the abbreviation for the House Committee on Un-American
Activities, sig-ned by a number of persons, including Annette T.
Rubinstein.
You signed that, did you not ?
Miss Rubinstein. I decline.
Mr. Tavenner. I mean you authorized your name ?
Miss Rubinstein. I decline to answer this question on the grounds
of the first and fifth amendment.
Mr. ScHERER. Witness, you have been laughing at almost every
question that has been asked.
Mr. Needleman. I don't think that is an accurate characterization.
For the record, I don't think that is an accurate characterization.
Mr. Scherer. I do.
Mr. Needleman. I don't think the chairman would agree with you,
Mr. Scherer.
Mr. Scherer. Let us say ninety-nine and forty-four one-hundredths
])ercent.
Mr. Needleman. She smiled a couple of times at questions that
were perfectly obvious that you asked.
Mr. Scherer. Mr. Chairman, I ask that the record so show.
Mr. Moulder. Proceed.
Mr. Ta\t:nner. Dr. Rubinstein, we were speaking of the making of
a grant to Dr. Herbert Aptheker. This very document which you
handed to me shows that you did make such a grant of a thousand
dollars to him
(The witness conferred with her counsel.)
Mr. Tavenner. does it not?
Miss Rubinstein. You mean it shows that such a grant was made ?
Mr. Tavenner. Was made, yes.
Miss Rubinstein. It seems to be a matter of public record and
knowledge that such a grant was made.
Mr. Tavenner. But you will not admit to having any connection
with making of a grant of a thousand dollars to a member of the Na-
tional Committee of the Communist Party ?
Miss Rubinstein. I decline to answer this question on the grounds
of the first and fifth amendment.
Mr. Tavenner. Was membership in the Communist Party one of
the prerequisites for making a grant by this organization ?
Miss Rubinstein. I think the chairman of the committee, of your
committee, Mr. Walter, made a public statement which I read in the
New York Times saying that this document you have here included
the names of many grantees who were not members of the Commu-
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 21
nist Party. This is his statement, but you should be interested in it.^
Mr. Tavenner. Now will you answer the question ? I am more in-
terested in that.
Miss Rubinstein. I personally decline to answer the question on
the grounds of the first and fifth amendment.
Mr. Scherer. Was Mr. Walter's statement that you just said was
published in a newspaper correct, according to your knowledge?
Miss Rubinstein. I decline to answer this question on the grounds
of the first and fifth amendment but it seems odd to me that his com-
mittee should impugn his statement.
Mr. Dotle. May I ask a question ?
Was the statement that you just stated you read in the New York
paper read by you prior to the time of the subpena ?
Miss Rubinstein. No, it was just, I think
(The witness conferred with her counsel.)
Miss Rubinstein. No, it was just the other day.
Mr. Doyle. Did you learn of the fact that your Fund was to be
subpenaed prior to the time that you were subpenaed ?
Miss Rubinstein. No, I didn't learn that the Fund was to be sub-
penaed or that I personally was to be subpenaed prior to the time
that I was served with the subpena.
Mr. Doyle. Did you learn that as secretary you were to be sub-
penaed prior to the time you were subpenaed ?
Miss Rubinstein. Wlien the subpena was served upon me it was a
great surprise and completely unexpected. However, to make it clear,
this subpena which you have referred to as being served by Mr.
Collins was not the first subpena I received. I had received a subpena
earlier, which was a great surprise to me. And all my answers have
referred to the date of the earlier subpena, not the later. There were
three postponements. As a matter of fact, the first time I was sub-
penaed it was in Chicago. I cut a lecture short at great expense and
came to New York for an April 26 meeting, which I was notified on
April 25 was being postponed to May 22.
No, no. May 22.
And I came to Washington on that day and when I came back to
New York from Washington I found that it had been postponed again
to May 26.
(The witness conferred with her counsel.)
Miss Rubinstein. I should like to know about all these extra fares
and whether the committee is going to reimburse me for them.
Mr. Doyle. Now may I inquire : Did you have any of these records,
as secretary, in your possession at the time you received the first
subpena ?
Miss Rubinstein. I did not. All my answers have referred to the
date of the first subpena, which was a service in Chicago some time in
April, the middle of April, I think the 10th or 11th, something of that
sort.
Mr. Needleman. Maybe we ought to have that for the record, Mr.
Doyle, as to when the first subpena was served because that is the
date as to which all the testimony relates.
Miss Rubinstein. All my answers.
1 The article referred to iu the New York Times of May 23, 19G1, quotes Chairman
Walter as charging that The Fund for Social Analysis made public the names of edu-
cators not subpenaed by the committee. The article does not deal with individual
aflaiiation with the Communist Party as stated by the witness.
22 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
Mr, Doyle. You did not acquire any of these records between the
time of the fii-st and second subpena ?
Miss Rubinstein. I had none of these records at the time of the
first subpena and have had none of these records since the time of the
first subpena.
Mr. Tavenner. Wliere is the office of The Fund for Social Analysis
maintained ?
Miss Rubinstein. I decline to answer that question on the grounds
of the first and fifth amendment.
Mr. Tavenner. I hand you a document entitled "The Fund for
Social Analysis" which is a thennofax copy of a statement over the
name of "The Corresponding Secretai-y, The Fund for Social Analy-
sis." Will you examine it, please ?
(The document was handed to the witness.)
Miss Rubinstein. Thank you.
(The witness conferred with her counsel.)
Miss Rubinstein. I see this.
Mr. Taa^nner. Do you see an address under the name of the secre-
tary, corresponding secretary of The Fund for Social Analysis?
Miss Rubinstein. You mean do I read on this page ?
Mr. Tavenner. Yes, do you see it there ?
Miss Rubinstein. I see there it says "The Corresponding Secretary,
The Fund for Social Analysis, Room 2800, 165 Broadway, New York
6, New York."
(Document marked "Rubinstein Exhibit No. 6" follows:)
Rubinstein Exhibit No. 6
The Fund for Social Analysis
The Fund for Social Analysis is an informal organization of individuals inter-
ested in aiding Marxist research. It operates without paid i>ersonnel or other
overhead costs. All money raised by the sponsors is distributed in grants.
Each year the Fund offers a limited nmnber of grants-in-aid for studies
analyzing or applying Marxist hypotheses. Projects for boolvs and essays may
be submitted in any field of social science, including social philosophy and the
sociology of science. Preference is given, however, to (a) studies of current
relevance over those of purely historical interest; (&) studies related to the
United States over those concerned mainly with other countries ; and (c) studies
already under way over projects merely in outline.
An Awards Committee, elected annually by the sponsors of the Fund, has sole
responsibility for mailing grants. The committee is authorized to obtain the
advice and opinion of qualified experts in various special fields of inquiry in
which applications may be submitted. The committee's decisions are not subject
to review.
In making its awards the Committee is guided solely by its evaluation of the
scientific importance of the proposed projects, and its estimate of the qualifica-
tions of applicants to carry out those projects.
The Committee elected for 1960 consists of Barrows Dunham, Jules Emspak,
Irving Kaplan, Harry Magdoff, Russ Nixon and Annette T. Rubinstein.
Grants ordinarily range from $500 to $3,000, but applications for both larger
and smaller amounts are considered. Grants may be requested for completion
of an entire project, or for some specific part of a project, or for assistance in
research, editing, or publication.
Applications should contain the following information :
1. Name and address of the applicant.
2. An outline of the project.
3. Such parts of the project as may already have been drafted.
4. Plans for publication.
5. Amount of money requested, and account of proposed use.
6. List of previous publications, if any.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 23
7. Relevant biographical data.
8. Such references (names and addresses of persons familiar with appli-
cant's work and intellectual qualifications) as the applicant may wish to
submit.
Applications and manuscript in support of applications should be submitted in
English typescript. Two or three copies would be helpful. A stamped self-
addressed envelope should be included for the return of the material submitted.
Applications should be addressed to :
The Corresponding Secretary
The Fund for Social Analysis
Room 2800
165 Broadway
New York 6, New York
Mr. Tavenner. Wlio was the corresponding secretary at that time?
Miss Rubinstein. I decline to answer this question on the grounds
of the first and fifth amendment.
Mr. Tavenner. Do you maintain an office at the place given here,
Room 2800, 165 Broadway, New York 6, New York ?
Miss Rubinstein. You say "Do you maintain an office?" You
mean I personally?
Mr. Tavenner. No, The Fund for Social Analysis.
Miss Rubinstein. I decline to answer this on the grounds of the
first and fifth amendment.
Mr. Tavenner. Whose office is this ?
Miss Rubinstein. I decline to answer that on the grounds of the
first and fifth amendment.
Mr. Tavenner. Is it not your attorney's office ?
Miss Rubinstein. I decline to answer that on the grounds of the
first and fifth amendment.
Mr. Scherer. Do you think that such an answer might tend to
incriminate you or lead to a criminal prosecution, to acknowledge
whetlier that office is the office of your attorney ?
Miss Rubinstein. I think that the fifth amendment is designed to
prevent people from being compelled to give evidence against them-
selves and that, in my judgment, this would be giving evidence against
myself to a committee whose purposes, techniques, and ethics I pro-
foundly distrust and that might twist anytliing to a criminal
prosecution.
Mr. Scherer. Evidence that might lead to a criminal prosecution?
Miss Rubinstein. Or to an attempt at one.
Mr. Scherer. To an attempt at one ?
Miss Rubinstein. In the eyes of the committee it might lead to a
criminal prosecution and I decline to answer under the protection
of the fifth amendment which is designed to protect the innocent as
well as the guilty.
Mr. Scherer. Do you consider any of the activities covered in these
questions asked you illegal ?
Miss Rubinstein. I do not consider these illegal, but I think the
committee does.
Mr. Doyee. May I inquire? I refer to the pamphlet, Madam
Secretary, [Statement by Members of the Awards Committee, Rubin-
stein Exhibit No. 7, pp. 26-29.]
Miss Rubinstein. Who is Madam Secretary ?
Mr. Needleman, She is a witness here, Mr. Doyle.
Mr. Doyle. I am speaking to her as secretary of the Fund.
24 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Mr. Needleman. Just so the record is clear that she is answering as
a witness.
(The witness conferred with her counsel.)
Mr. Doyle. I am speaking to her as a secretary of the Fund which
is under investigation and as one of the signers of this pamplilet
which you read a few minutes ago and which your counsel handed to
our counsel.
I notice there is no address, no street address, no post office box, no
place to which applicants for the grants should send for material.
Why did you leave an address off? How would these applicants
know where to write ?
Miss Rubinstein. You say, "Why did you leave an address off?"
I don't understand the question.
Mr. Doyle. You signed this, did you not? You signed the
original ?
Miss Rubinstein. I have not said so. I declined to answer that on
the grounds of the first and fifth amendment.
Mr. Doyle. Does your name appear in print here over your ob-
jection?
Miss Rubinstein. Hand it to me and, if it is there, I will read it, but
I decline to answer it on the other grounds.
Mr. Doyle. All right. Then I would like it back to ask another
question. You have identified your name on there, I think.
Miss Rubinstein. No, you think wrong.
Mr. Doyle. I will ask you frankly. You knew that your name was
printed on that document when you read it to us a few moments ago,
did you not ?
Miss Rubinstein. I decline to answer that on the grounds of the first
and fifth amendment.
Mr. Doyle. Well, you authorized the printing of this, were one of
those who authorized it, were you not?
Miss Rubinstein. I decline to answer that on the grounds of the
first and fifth amendment.
Mr. Doyle. Did the Fund pay for this pamphlet or did you pay for
it in part personally ?
Miss RuBiNS^PEiN. I decline to answer this on gi-ounds of the first
and fifth amendment.
(At this point Chairman Walter returned to the hearing room.)
Mr. Doyle. Did you turn the copy of this over to the printer whose
identification is stamped on it here ?
Miss Rubinstein. I decline to answer this on grounds of the first
and fifth amendment.
Mr. Doyle. Was any supplementary invitation or announcement
issued following this one I refer to, in which your name appears in
print, giving a place to which applicants could send for further infor-
mation ?
(The witness conferred with her counsel.)
Mr. Needleman. May we have the question read ?
(The witness conferred with her counsel.)
Mr. Doyle. I will rephrase the question so that the witness may
answer it.
Subsequent to the printing and issuance and distribution of this
pamphlet that you have read part of to the committee and on which
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 25
your name appears in print, Annette T. Eubinstein, was any follow-
up or supplementary annomicement issued with your name on it givin<2:
notice to the universities and colleges, to whicli you have referred, as to
where the application should be mailed ?
(The witness conferred with her counsel.)
Mr. Doyle. By those interested.
(The witness conferred Avith her counsel.)
]Miss Rubinstein. I have no knowledge of any such document and
iim not in possession of any such document. I do not know whether or
not there was any subsequent document issued.
Mr. Doyle. Well, as a matter of fact, this document itself states that
details as to filing of applications were sent to periodicals which are
named here, so that you did send public information as to where
applications should be sent, did you not ?
Mr. Nfjedleman. You said subsequent to this. This has reference,
ns I understand it, to a prior time.
Mr. Doyle. This statement and several others adding details as to
the filing of applications were sent to such periodicals?
Mr. Needleman. "Were." That is in the past tense, at the time
when this was printed.
Mr. Doyle. That is rather technical but you get my point. In
other words, subsequent to your having sent out the details that you
said you sent.
Miss Rubinstein. "WHiat is the "you"? You can't assume that I
sent any details on anything that I have said.
Mr. Doyle. Well, you participated in it, manifestly.
Miss Rubinstein. There is no such assumption in anything I have
said.
I have declined to answer any question as to whether I participated
in any such Fund or in sending out any material, and I cannot accept
tlie assumption that I did by your saying "You sent out."
Mr. SciiERER. Is Mr. Doyle's assumption erroneous ?
Miss Rubinstein. I have already refused either to affirm or deny
it so that I can only say it is not a reasonable assumption. I cannot
say whether it is true or false. I have declined to answer that several
times on the grounds of the first and fifth.
Mr. Doyle. Do you have in your possession now any printed or
mimeographed or written statement of which you have over sent a
copy to any applicant giving the details of the Fund ?
(The witness conferred with her counsel.)
Mr. Doyle. Here is an announcement Avitli your name on it. Now,
did you ever send out any statement of details ?
Miss Rubinstein. Now you are asking if I ever sent out and I de-
clined to answer this question previously and still decline to answer
it on the grounds of the first and fiftiramendment. It is the same
question over. Since the service of the subpena I have had no such
documents in my possession.
The Chairman. Mr. Tavenner, make this a part of the record.
Mr. Tavenner. Yes. I offer in evidence as "Rubinstein Exhibit No.
7" the document. Statement by Members of the Awards Committee,
presented by the witness.
26 SUBVERSIVE ACTIVITIES CONTROL ACT OF 105 0
(Document marked "Kubinstein Exhibit No. 7" follows :)
Rubinstein Exhibit No. 7
THE FUND FOR SOCIAL ANALYSIS
STATEMENT BY MEMBERS OF THE AWARDS COMMITTEE
During the past year the college campuses from Berkeley to
Boston have become a center of opposition to the House
UnAmerican Activities Committee. It is therefore significant
that the HUAC is now opening its new year by scheduling
hearings which make fresh inroads on the freedom of scientific
inquiry and scholarship.
The HUAC has just opened an attack on the Fund for Social
Analysis, an informal private association for the encourage-
ment of research into questions of Marxist theory and its
application. The HUAC has issued subpoenas to members of
the Awards Committee of the Fund, and to a number of the
scholars who have received gretnts-in-aid from it to assist
them in completing specific projects. The HUAC is also
demanding a list of the Fund's donors, of rejected applications,
etc.
The nature and purpose of the Fund, and the kind of research
it was set up to aid, are explicitly described in its statement
of policy, issued on its formation in 1958. This statement,
which was then and subsequently posted on many university
bulletin boards and summarized in learned periodicals, reads:
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1960 27
The Fund for Social Analysis is an informal organization ot
individuals interested in aiding research on problems of
Marxist theory and its application. The Fund is designed to
bring together people who want to encourage such studies and
to provide financial assistance toward their production. It
operates without paid personnel or other overhead costs.
Money is raised entirely through the voluntary activities of the
membership, and all contributions are allocated in their
entirety for research grants.
Socialist thinking in the United States has traditionally neglected
analytical and basic theoretical work. The retarding effect of
this failure on the socialist and labor movements in our country
is today more apparent than ever before. Under the recent
pressures for social conformity, research on problems opened
up by Marxist theory has dwirtdled to a particularly low level.
It is the purpose of the Fund to do what it can to correct this
situation by providing grants-in-aid for research and publica-
tion to social scientists analyzing or applying Marxist
hypotheses.
In making its awards the Fund will be guided solely by its
estimate of the intellectual qualifications of the applicants and
the significance of the problems they propose to study. Its
object is to promote research in an area of inquiry, not to
popularize a set of uncritical beliefs. Every scientist must be
to some extent a critic of the theories he examines or applies.
He alone is the proper person to decide how far the criticism
shall go.
Projects for books or essays in all fields of social science will
be welcomed. Topics bearing upon current problenns will be
given preference over those of purely historical interest.
Topics bearing upon the United States will be given preference
over those solely concerned with other countries.
This statement and several others adding details as to the
filing of applications were sent to such periodicals as the
American Economic Review, Monthly Review, American
Journal of Sociology, Journal of the History of Ideas, Science
and Society, Journal of Philosophical &c Phenomenological
72930—61-
28 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
Research, and to the Economics, Political Science, and other
Social Science departments of all universities with graduate
schools. (Copies of this material will be nnailed upon request.
Many applications for grants were subsequently received from
both academic figures and unaffiliated students. The Awards
Committee, which had sole responsibility for considering and
deciding upon all applications, made the following awards,
which were all publicly announced.
Martin J. Sklar, graduate student, $2, 000 to enable him to
complete his study of the background and
development of U.S. imperialist ideology since the time of
McKinley .
Professor Paul A. Baran. author of POLITICAL ECONOMY OF
GROWTH, $1,500 to facilitate com-
pletion of a Marxian analysis of monopoly capitalism which he
is writing jointly with Dr. Paul M. Sweezy.
Dr. Herbert Aptheker. author of NEGRO SLAVE REVOLTS,
DOCUMENTARY HISTORY OF THE
AMERICAN NEGRO, $1,000 for research expenses in connec-
tion with the documentation of his history of the Civil War
period, scheduled for publication during the Civil War Centen-
nial in 1961.
Professor William Appleman Wjlliams, author of SHAPING
AMERICAN DIPLO-
MACY 1750-1955, THE TRAGEDY OF AMERICAN DIPLOMACY,
$1, 500 to assist in the completion of an interpretive history of
the United States from the sixteenth century to the present day.
Professor Gordon K. Lewis, author of articles published in a
great variety of learned journals
including the Western Political Quarterly, the Political
Quarterly of London, and the Journal of Politics, $1,000 to
assist in the completion of his book entitled AMERICA AS A
COLONIAL POWER: THE PUERTO RICAN EXPERIENCE.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 29
Dr. Bernice Shoul, Instructor of economics, author of articles
in such periodicals as the Quarterly Journal
of Economics, $1,500 to assist in the completion of a series of
essays on the relation between Marxian and Classical economics.
The Fund for Social Analysis has never attempted to qualify as
a tax exempt organization, or to secure any other form of
public assistance. It has consistently publicized its special
interest in fostering critical Marxist scholarship, and has had
no concern whatever with any other form of activity or organi-
zation.
It therefore seems clear that the present harassment by the
HUAC is aimed directly at the liberty of thought and right to
knowledge which are basic for all academic freedom. We are
confident that the academic community which has evinced such
a courageous and widespread resistance to intinnidation by the
HUAC will realize- that this latest attack concerns all those
interested in freedom of inquiry and opinion.
We should very much appreciate receiving any individual state-
ments or group resolutions on this position, or on the pending
action of the HUAC.
(signed) Harry Magdoff
Barrov;s Dunham Russ Nixon
Irving Kaplan Annette T. Rubinstein
30 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Mr. Tavenner, Mr. Chairman, I offer in evidence as "Rubinstein
Exhibit No. 8," a photostatic copy of a passport application, pro-
cured by subpena duces tecum, bearing date of May 16, 1936.
(The witness confers with her counsel.)
Mr. Tavenner. Dr. Rubinstein, it is noted from the application
that you stated that you intended to visit the following countries for
the purposes indicated. "England, sightseeing; France, sightseeing."
You nuxy examine it to see that I have stated it correctly,
(The document was handed to the witness.)
(The witness conferred with her counsel.)
Miss Rubinstein. May I ask the chairman the relevance of this
25-year-old, is it, 27-year-old application?
The Chairman. I just asked counsel the same question and he said
it woidd appear very soon, so go ahead, Mr. Tavenner.
(The witness conferred with her comisel.)
Mr, Tavenner, Did you travel to the Soviet Union under this pass-
port and there enter a university or school for instruction operated by
the Soviet Government ?
(The witness conferred with her counsel.)
Miss Rubinstein. Well, I must ask first for some indication that
this has any relevancy whatsoever to the cuiTent inquiry as to tax
exemption on the grounds of organizations.
Mr. Ta\tenner. You are raising the question of pertinency ?
Miss Rubinstein. Pertinence, yes.
INIr. Tavenner. I think it should be quite apparent that the Com-
munist Party activities of a person who is alleged to be the secretary
of The Fund for Social Analysis would have a bearing upon the type
of propaganda activities in which that organization is engaged, and
the reason for asking this particular question is to find out about your
own Communist activities which the committee, also in its opening
statement, said was of importance in considering these matters.
(The witness conferred wdth her counsel.)
Mr. Tavenner. Now please answer it.
IVIr. Needleman. May I consult?
( The witness conferred with her counsel. )
Miss Rubinstein. In 1936, I did not visit the Soviet Union and
visited, as it says on the passport here, England and France and I
think I passed through Belgium or Holland for a day or two.
Mr. Tavenner. But you did not go to the Soviet Union ?
Miss Rubinstein. I did not go to the Soviet Union in 1936.
Mr. Moulder. That was not the question, Mr. Chairman.
Mr, Needleman. The question was under this document.
Miss Rubinstein. It was under this document.
Mr. Tavenner. Now, I oifer in evidence as "Rubinstein Exhibit No.
9" a photostatic copy of a passport renewal application for travel on
the Queen Mary on July 19, 1939.
(The witness conferred with her counsel.)
Mr. Tavenner. Which states that the party intended to travel to
England and Russia for pleasure. You may examine this renewal
and state whether or not, as a result of the issuance of that renewal
of your passport, you traveled to the Soviet Union and there entered
a university or school of instruction operated by the Soviet Gov-
ernment.
(The witness conferred with her counsel.)
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 31
Miss Rubinstein. In 1939 in accordance with the stated purpose
of the passport application, I traveled for pleasure to England and
the Soviet Union and I think some of the Scandinavian countries. I
entered no university, no school of any sort. I think I was about
8 days, 10 days in the Soviet Union certainly; maybe 2 weeks. I
don't remember.
(Documents marked "Rubinstein Exhibits Nos. 8 and 9," respective-
ly, and retained in committee files.)
Mr. Tavenner. I offer in evidence the photostatic copy of a pass-
port application dated January 26, 1959, in which you set forth that
you desire to travel to England, France, Italy, Denmark, Sweden,
Norway, Poland, Czechoslovakia, Russia, and Israel.
Miss Rubinstein. Israel ?
Mr. Tavennek. Yes.
Miss Rubinstein. I didn't get there.
Mr. Tavenner. Did you engage in that travel ?
(The document was handed to the witness.)
(The witness conferred with her counsel.)
Miss Rubinstein. Yes, exactly as stated in the passport. In each
case I fulfilled the objectives stated in the passport except I didn't
get to Israel or Italy in this case, but I traveled in England, France,
and these other countries.
(Document marked "Rubinstein Exhibit No. 10" and retained in
committee files.)
Mr. Tavenner. Were you a member of the Communist Party at the
time you engaged in that travel ?
Miss Rubinstein. I decline to answer this question on the grounds
of privacy of political belief and opinion and the protection afforded
by the fifth amendment.
Mr. Tavenner. Did you engage in travel to those countries as a
result of a request originating from any one or more of those coun-
tries?
Miss Rubinstein. No, I engaged in travel to those countries as a
result of a request from my mother who was 75 and asked for that as
a birthday present that she wanted to travel and see those countries,
and so I arranged to travel and take her with me on a visit to these
countries.
(The witness conferred with her counsel.)
Mr. Tavenner. I hand you now an issue of Jewish Currents bearing
date of November 1960, where I find an article entitled "Jews With-
out Money — Not Jews Without Love," by Annette T. Rubinstein.
Will you identify that, please, as an article published by you?
(The document was handed to the witness.)
(The witness conferred with her counsel.)
Miss Rubinstein. Yes.
(Document marked "Rubinstein Exhibit No. 11," and retained in
committee files.)
(The witness conferrred with her counsel.)
Miss Rubinstein. Yes, this looks like
Mr. Tavenner. Now, I am not interested in the contents of the
article, but if you will note at the bottom of the first page in italics
there is certain material. Will you read it, please, into the record?
Miss Rubinstein. You mean what it says here ?
Mr. Tavenner. Yes.
32 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Miss lit BIX STEIN (reading) :
Dr. Annette T. Rubinstein, author of The Great Tradition in English Litera-
ture from Shakespeare to Shaw (N.Y., 1953), is at present in Europe, lecturing
by invitation at the U. of Warsaw, Charles U. and the Shakespeare Society
in Prague, Humboldt U. in East Berlin and the Universities of Leipzig, Jena
;ind Rostock in East Germany. She will again be available for lecture engage-
ments in tbe New York area in Jan. and Feb., 1f)t)l and on the West Coast in
March.
Mr. Tavenner. That seems to be a far different statement from the
interest of your mother in seeing these countries.
Miss Rubinstein. I thought you asked me whether I went there
al the request of any of these countries. Wasn't that your question?
And T answered that I went at the request of my mother. If you
would like more information I will be glad to. In order to finish
this trip, sinco it is an expensive thing, I wrote to the vanous uni-
versities and literary organizations in Europe which I knew knew of
my book. The Great Tradition in English Literature from Shakespeare
to Shaw, and asked whether they would be willing to arrange lectures
oi' let me arrange them and pay for them in sufficient currency of
the country to cover my living expenses during the time that I would
be there.
In many cases the universities answered they would be glad to ha^-e
me lecture on the Influence of Freud on Eugene O'Neill or the Place
of the Negro in American Literature or Man Triumphant in Shake-
speare and Woman Too, or a series of other similar lecture topics and
that they would be glad to cover the expenses during 4 days or o days
or whatever the period of time that I would be lecturing there, and
tliis was how this worked out.
Mr. Scherer. What were the countries in which you lectured ?
Miss Rubinstein. I lectured in Denmark, yes, in Denmark; in
England: in the Soviet Union; in Czecho; in Poland; in Germany;
in France.
Mr. Mot'i-nER. East Germany?
Mr. T AVENNER. East Berlin.
Miss Rubinstein. East Berlin, Leipzig, Jena, Rostock, Potsdam.
j\Ir. Tavenner. Both of Avhich are in Germany, both Jena and
Rostock?
Miss Rubinstein. Yes; and London and Paris and Copenhagen.
Mr. Tavenner. You had also taught at the Jefferson School of
Social Science as late as 1956, had you not ?
Miss Rubinstein. I decline to ansM-er this on the grounds of the first
and fifth amendment.
Mr. Tavenner. The Jefferson School of Social Science was desig-
nated as subversive by the Subversive Activities Control Board in
June 1955, and it terminated its existence in November of 1956. You
were teaching there in 1956 when it closed, were you not?
^Sliss Rubinstein. I decline to answer this question on the grounds
of the first and fifth amendment.
Mr. Tavenner. Those who had been conducting the Jefferson
School of Social Science reorganized the school under a different
name, did they not, the name being the Faculty of Social Science?
Do you know about that ?
Miss RuiiiNSTEiN. I decline to answer this on the grounds of the
first and fifth amendment.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 33
Mr. Tavennek. Were you associated with the new institution,
Facuhy of Social Science?
Miss Rubinstein. I decline to answer tliis on the ^'rounds of the
Hrst and fifth amendment.
Mr. Tavenner. Were you attempting in the work of The Fund for
Social Analysis, the first record of which we can find is January 1058,
a continuation of the same work that you Avere engaged in at the
Jefl'erson School of Social Science?
Miss Rubinstein. You say "were you"?
Mr. Tavenner. Yes, you.
Miss Rubinstein. Since I have neither affirmed nor denied that 1
was ever engaged in the Jefferson School or in The Fund for Social
Analysis, I don't see how I can answer such a question.
Mr. Tavenner. Answer it, please.
The Chairman. Answer the question.
Miss Rubinstein. I have already declined to answer the questions
on an answer to which this question is based and I decline to answer
this question on the grounds of the first and fifth.
Mr. Doyle. May I ask the witness a question, please? I cannot
help but notice the real pride on your part with which you acknowl-
edged your connection with lecturing in Europe. You did not claim
any privilege as to whether you lectured in these universities in
Europe. Why do you not claim the same pride in answering the two
or three questions with regard to the Jefferson School? What is
the difi'erence that you had to claim the privilege as to one?
Miss Rubinstein. Can I consult with counsel ?
( The witness conferred with her counsel.)
Mr. Doyle. You claim the privilege in respect to the Jefferson
School. What is the difference ?
(The AATtness conferred with her counsel.)
Miss Rubinstein. I said that I lectured at these universities and
that I made these arrangements because of the economics of the
tiling, the financial expense of traveling.
Mr. Tavenner. In Exhibit No. 4, reference is made to a panel of
consultants in special fields. Will you tell us what the panel of
consultants is?
Miss Rubinstein. May I see the reference in the exhibit, please?
Mr. Tavenner. Will you read the reference in the document?
Miss Rubinstein (reading) :
* * * For the first year of the Fund's operations, the Committee on Awards
comprises the following : Frank Coe, Irving Kaplan, Harry Magdoff, Stanley
Moore, Russell Xixon, Annette Rubinstein and J. Raymond Walsh, as weU as a
panel of consultants in special fields who are available on call.
Mr. Ta\t:nner. Will you explain to us, please, the panel of special
consultants?
Miss Rubinstein. I decline to answer this question on grounds of
the first and fifth amendment.
Mr. Tavenner. You mentioned Frank Coe. Do you know where
Frank Coe is today ?
Miss Rubinstein. You mean I read the name from the paper?
Mr. Tavtenner. Yes.
Miss Rubinstein. I decline to answer this (juestioii on grounds of
the first and fifth amendment.
34 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
Mr. Taa-enner. Now I have not asked you the usual questions that
1 ask witnesses regarding their educational training because all of
that has been asked you before when you appeared before this com-
mittee some years ago.
I have no further questions, Mr. Chairman.
The CiiAiRMAx. Are there any questions, Mr. Moulder ?
Mr. Moulder. I believe not, Mr. Chairman.
The Chairman. Mr. Doyle ?
j\Ir. Doyle. I have no further questions.
The Chairman. Mr. Willis?
Mr. Willis. I have no questions.
The Chairman. Mr. Tuck ?
Mr. Tuck. I have no questions.
The Chairman. Mr. Scherer?
Mr. SciiERER. Miss Rubinstein, you said you were in Chicago, I
believe, when you were served with the first subpena from this
committee.
Miss Rubinstein. Yes, sir. I wanted to know if the fare would be
paid from Chicago to New York to Washington rather than from
New York to Washington since I was served in Chicago.
Mr. Scherer. When was that first subpena served on you? Do
you remember?
Miss Rubinstein. It was the second week in April. You probably
have the date but it must have been either April— I think the 11th.
It may liave been the 10th.
Mr. Scherer. Were you lecturing in Chicago at that time?
Miss Rubinstein. Yes.
Mr. Scherer. At that time your home, however, was in New York
City?
Miss Rubinstein. I w^as not scheduled to return to New York
until May. I came back because this hearing was originally set for
April 26!
The Chairman. That is not responsive.
Mr. Scherer. I just asked whether your home at the time you
were served with this subpena was this address that we have liad
read into the record.
Miss Rubinstein. Yes, this is correct.
Mr. Scherer. It was the address that appeared on that letter that
you refused to identify that the chairman asked you about?
Miss Rubinstein. I would have to see the letter but it was the
address I gave you, 59 West 7lst.
Mr. Scherer. Could I have that letter?
Mr. Needleman. It is 59 West 7lst.
Miss Rubinstein. New York City.
Mr. Scherer. Was that subpena served on you in Chicago a duces
tecum subpena?
Miss Rubinstein. Just one second and I will see. I think — yes, it
was.
(The witness conferred with her counsel.)
Miss Rubinstein. Yes.
Mr. Scherer. Of course, when you were in Chicago
Miss Rubinstein. Excuse me. It was. Yes.
Mr. Needleman. The answer to the question is "yes."
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1960 35
Mr. ScHERER. When you were in Chicago, when the subpena was
served on you, engaging in this lecture, naturally you did not have in
your possession in Chicago the records of this Fund, did you?
(The witness conferred with her counsel.)
Miss EuBiNSTEiN. I have already testified I did not have in my
possession in Chicago or anywhere else the records at the time when
the subpena was served.
Mr. ScHERER. When this subpena was served on you, is it not a fact
that you got in touch with some of the officers or employees of this
Fund and asked them to get from your home or from your office the
records of this Fund so that you would be in a position to testify here
today that they were not in your possession or under your control at
the time this subpena was served on you in Chicago ?
(The witness conferred with her counsel.)
Miss EuBiNSTEiN. That is not the fact.
Mr. ScHERER. That is not a fact ?
Miss Rubinstein. Not a fact.
Mr. ScHERER. Where were the records at the time you were in
Chicago and were served with the subpena ?
Miss Rubinstein. They were not in my possession or under my
control at that time or at any time since.
Mr. ScHERER. Obviously in Chicago they were not in your pos-
session.
Miss Rubinstein. They were not in my possession anywhere.
Mr. ScHERER. Where were they then when you were served with
the subpena ?
Miss Rubinstein. I don't know where they were. I only know
where they were not. They were not in my home. Tliey were not
in my personal possession. They were not anywhere where I had
actual control. Whether such records were in existence I am not
answering, but I did not have control or possession of any such records
at that time.
Mr. ScHERER. When you were served with the subpena in Chicago,
did you know where those records were irrespective of the fact that
you say they were not in your possession or under your control ?
Miss Rubinstein. When I was served with the subpena in Chicago
I did not know whether such records existed or where they were if
they existed.
Mr. Scherer. When was the last time that you knew whether such
records existed ?
Miss Rubinstein. This is the same question again that I have de-
clined to answer with res])ect to a period prior to the subpena. I have
answered at that time and subsequent, not prior, on the grounds of the
first and fifth.
Mr. Needleman. Is that all ?
The Chairman. With how many subpenas were you served?
Miss Rubinstein. Two subpenas and two telegrams, I think.
The Chairman. When you speak of not having the records in your
possession at the time of the service of tlie subpena to which subpena
are you referring?
Miss Rubinstein. The first subpena and any time since.
The Chairman. All right.
Are there any further questions ?
36 SUBVERSIVE ACTIVITIES CONTROL ACT OF 19.50
Mr. SciiAUEBEKG. I have no quest ions.
The Chairman, The witness is excused.
Call your next witness, Mr. Tavenner.
jSIr. Tavenner. Mr. Irving Kaplan.
The Chairman. Mr. Kaplan, do you mind being sworn i
Mr. Kaplan. No, I just wanted to be sure I got these things back in
place.
The Chairman. Do you swear that the testimony you are about to
give will be the truth, the whole truth, and nothing but the truth, so
help you God?
Mr. Kaplan. I do.
TESTIMONY OF IRVING KAPLAN, ACCOMPANIED BY COUNSEL,
ISIDORE NEEDLEMAN
Mr. Tavenner. Will you state your name, address, and occupation (
Mr. Kaplan. Irving Kaplan, *')60 Central Park West, Xew York
City. Economist is my occupation.
The Chairman. What is your occupation ?
Mr. Kaplan. Economist.
Mr. Ta\ ENNER. Will counsel accompanying tlie witness please iden-
tify himself for the record?
Mr. Needleman. Isidore Needleman, 165 Broadway, New York 6,
New York.
Mr. Tam^nner. Mr. Ka})lan, I hand you the photostatic copy of a
Certificate of Authority for TTnincorporated Association Account
which has been introduced in evidence as "Eubinstein Exhibit No. 1."
I hand it to you and ask you if you see the name "Irving Kaplan,
Treasurer," on the statement.
(The document was handed to the witness.)
Mr. Kaplan. Thank you. I do.
Mr. Tavenner. Do you see what purports to be a signature of the
name Irving Kaplan, treasurer?
Mr. Kaplan. I do, yes.
Mr. Tavenner. What is that name that appears as a signature?
(The witness conferred with his counsel.)
Mr. Kaplan. Well, as I read it, it is Irviivi Ka]:)lan.
Mr. Tav'lnner. You read it as Irving Knplan. Is tliei-e any doubt
in your mind but what it is your signature ?
Mr. Kaplan. I would like to consult with counsel.
(The witness conferred with his counsel.)
Mr. Kaplan. This is a personal question and, l^efore I go on with
my response to that, I think it would be well for the record to show
wiiat the Fund is since The Fund for Social Analysis, since the hear-
ings
Mr. Tavenner. You will be given an opportunity to explain ques-
tions about the Fund afterward.
Mr. Kaplan. My response. I think, Avill not be properly understood
unless there is an understanding of what the Fund is and what T
understand it-
The Chairman. Answer the question, Mr. Kaplan, Is thaf your
signature?
Mr. Needleman, He is about to answpr the question,
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 37
Mr. ICaplan. I am answering that question.
The Chairman. Is that your signature?
Mr. IvAPLAN. I am answering the question. My response, I think, to
be properly understood, has to be understood m the context of the
reference to what the Fund is.
The Chairman. You can answer the question, is that you signa-
ture ? Then we will go into the other matters.
Mr. Kaplan. I have various grounds for declining to answer tliat
question and I think that the support of each of those grounds requires
some understanding of what Tlie Fund for Social Analysis is.
The Chairman. Now you answer the question, is that your signa-
ture on that paper which was just handed to you ?
Mr. Kaplan. I have said I am going to decline to answer that ques-
tion on a number of grounds and those grounds include, first, simple
human dignity and the universal declaration of human rights which
it seems to me is the basis of the rights granted in ci\dlized society and
recognized by civilized society and by the Constitution, of the Declara-
tion of Independence of the United States for many, many years.
I am going to decline to answer that statement, that question, for a
number of reasons that are more explicitly in the Constitution of the
United States and, if you will not let me put into the record the
statement as to what the Fund is and what it does, I tliink the under-
standing of my answer, my declination may be prejudiced by it.
(The witness conferred with his counsel.)
The Chairman. Is this not the usual statement requested and re-
quired by banks of treasurers of organizations before they honor drafts
drawn by the officers in the organization ?
Mr. Iv^vPLAN. I cannot answer that question but I would like to
submit for the record
The Chairman. Just a minute. Let me see that first.
(The document was handed to the chairman.)
(The witness conferred with his counsel.)
The Chairman. This is a simple certificate of authority for un-
incorporated association account em])owering the withdrawal of
funds. Is this your name on this paper furnished to the bank. The
Amalgamated Bank of New York, designating you as treasurer of
this organization ? Is this your signature ?
Mr, Kaplan. I am going to decline to answer that statement, that
(juestion, on the grounds I have already given and the grounds also
of the ninth amendment to the Constitution of the United States, the
first amendment of the Constitution of the United States, and the fifth
amendment to the Constitution of the United States, and I would like
to state my position on that in full if you will permit me, please.
The Chairman. You have answered the question.
Go on, Mr. Tavenner, and ask another question.
Mr. Tavenner. Mr. Kaplan, there was served on you as treasurer
of The Fund for Social Analysis a subpena requiring you to pro-
duce certain records.
I now offer in evidence the return made by the investigator of this
committee who served the document. May it be marked "Kaplan
Exhibit No. 1."
38 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
jMr. Kaplan, this document, tliis subpena requires you as treasurer
to produce—
(1) All books of account of the Fund for Social Analysis showing receipts
and disbursements from January 1, 1958, to date ;
(2) Cancelled checks of the Fund for Social Analysis from January 1, 1958,
to date ;
(3) Bank statements of the Fund for Social Analysis from January 1, 1958,
to date ; and
(4) Copies of all Federal tax returns filed by the Fund for Social Analysis
from January 1, 1958, to date.
Please produce the records at this time.
(Document marked "Kaplan Exhibit No. 1" and retained in com-
mittee files.)
Mr. Kaplan. I have here all the records called for by this subpena
which I had in my possession at the time of this subpena and at the
time of a prior subpena that was served on me calling for exactly the
same records, and they include I think all the records.
Well, I am sure they include all the records which I have had in my
possession of that kind specified since that time.
I mention that because I think there is included in this one bank
statement which arrived subsequent to the first subpena.
The documents I have are as follows
Mr. Tavenner. Possibly if we take them up in the order in which
they appear here we can see wdiich you have and which you do not
have.
All books of accoimt of The Fund for Social Analysis showing
receipts and disbursements from January 1, 1958 to date.
Mr. Kaplan. All the documents I have in answer to that request
or command or demand are encompassed in the bank statements,
canceled checks, and the bank books that I brought with me.
The Chairman. The bank statement w^ould not show who made
contributions.
Mr. Kaplan. I cannot say anything about what the statement
would show.
The Chairman. JNIr. Tavenner has asked for something that would
contain evidence not appearing in the bank records.
Mr. Kaplan. I don't see anything in here asking me.
Mr. Tavenner. All books of account.
(The witness conferred with his counsel.)
Mr. Tavenner. All books of account of the Fund showing receipts
and disbursements.
Mr. Kaplan. I had no books of accounts at the time either of the
subpenas were served on me or since.
Mr. Taa enner. Where were they ?
Mr. Kaplan. Other than
Mr. Tavenner. Excuse me. Other than what ?
Mr. Kaplan. Other than those I have here with me.
Now, if you will let me run through these, you will laiow what
they are.
Mr. Tavenner. Yes, but just a moment. Where are the books of
account which would show receipts and disbursements?
Mr. Kaplan. What books of account?
SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0 39
Mr, Ta\t3Nner. Any books of account that you have ever main-
tained at any time since January 1, 1958, showing receipts and dis-
bursements.
Mr. Kaplan. These are all the books and accounts I had at the
time that either subpena was served upon me and subsequent thereto.
Mr. Tavenner. I understand. You have stated that specifically
each time.
Now, I did not ask you for them just at the time that the papers
were served. I am asking you for all the books that have existed.
Mr. Kaplan. I had no other books of account.
Mr. Tavenner. Where are they ?
Mr. Kaplan. At the time.
Mr. Tavenner. Where are they ?
Mr. Kaplan. How many questions do you ask in one question, Mr.
Tavenner ?
Mr, Tavenner. That is only one question. Where are they?
Where are the books ?
Mr. Iv^vpLAN. I don't know where they are. If you will describe
to me what they are, perhaps I could answer your question better.
Mr. Tavenner. All right, sir. That is a fair proposition.
Did you keep any record of accounts, showing receipts of loans or
donations to your organization ?
Mr. Kaplan. Did I keep ? When ?
Mr. Tavenner, Did you have any ?
Mr, Kaplan, I kej)t all these records which I am about to give
you.
Mr, Tavenner. Those are bank statements and checks.
Did you keep any account book or record ?
Mr. Kaplan. Did I maintain an account book or record?
Mr. Ta\t;nner. Did you have any at any time ?
Mr. Kaplan. I have an account book of an account with the East
Kiver Savings Bank.
Mr. TA^•ENNER. That is an account book between you and the bank.
I am talking about a record that would show" receipts.
Mr. Needleman. Let me correct you. That is an account of The
Fund for Social Analysis,
Mr, Kaplan. The statement on this bank book is : No. 443,748, East
River Savings Bank in account with The Fund for Social Analysis.
Mr. Willis. Mr, Chairaian.
The Chairman. Mr. Willis.
Mr. Willis. Our counsel is now questioning the witness with refer-
ence to whether the subpena duces tecum has been complied with.
I think he knows exactly what the pending question is. It is a simple
one, I do not think in this area that we should have pussyfooting
and, unless forthright answers are forthcoming, I would direct that
the witness be ordered to answer the pending question and, failing in
which, that we should proceed with other questions and leave him at
his risk and peril for failure to respond to a subpena.
The Chairman, All right.
Read the first item on the subpena duces tecum, Mr. Tavenner,
Mr. Ta\t5nner. All books of account of The Fund for Social Analy-
sis showing receipts and disbursements from January 1, 1958, to date.
Mr. Kaplan. Now, is that a question directed to compliance with
the subpena duces tecum or is it as I just heard said ?
40 SUBVERSIVE ACTHTTIES CON'TROL ACT OF 19 5 0
Mr. TA\rENNER. It is a demand for the production of those docu-
ments.
Mr. Kaplan. All right. These documents are embraced in the
bank statements which I have here, the bank accounts I have here and
tlie bank book I have liere and the deposit slips for the bank books
that I have with it.
The (biAiR7.rAN. Did you kee]) any record of contributions made
to the organization?
Mr. Wii-iLis. And any record showing the disbursements ?
Mr. Kaplan. Is this a question directed to my compliance witli
tlie subpena?
Tlie CiiAiRiMAisr. I am asking this question.
Mr. Kaplan. I am a little confused now because I heard a speecli
which said that we have now departed from this.
The CiiAiioEAN. Did you, in your official capacity, keep a record
of contributions made to the organization and disbursements that
you made?
Mr. Kaplan. May I consult counsel, please ?
(Tlie witness conferred with his counsel.)
Mr. Kaplan. I have been a bit confused by the statements on the
one hand that now the question has departed from the compliance
with the subpena duces tecum and then in furtherance of it having
read to me again the first item of the subpena. Now, I think I will
answer your question in botli ways at once and we may save time
that way.
The Chairman. You are directed to answer the question that I
asked.
Mr. Neeoleman. Wliat question was that?
The Chairman. Did you keep a record of the receipts of contribu-
tions made to your organization and of disbursements that you, as an
official of the organization, made ?
Mr. Kaplan. That involves a question as to me as an official and I
am not testifying as to that. I am invoking the declaration of human
rights, the ninth amendment to the Constitution which embraces it,
the first amendment to tlie Constitution and the fifth amendment to
the Constitution of the United States.
Tlie Chairman. You are now directed to answer tliis question.
]\Ir. Kaplan, My answer is
Mr. Needleman. Wait a minute. Just a moment. I would like to
know, Mr. Chairman, in order to properly advise my client, are you
asking, now directing him to answer whether lie ever kept any records
at any time, regardless of the subpena's service, at tlie time of the sub-
pena's service?
T)ie Chairman. No, I did not refer to that at all. I have asked the
question. You heard it.
Mr. Needleman. I would like to have it.
The Chairman. Read the question.
( The record was read by the reporter. )
The Chairman. You are directed to answer that question.
Mr. Kaplan. Well, I still do not know whether you are asking the
([uestion described by Mr. Willis before as something separate from
the subpena or as part of it and I will answer it in all respects as I
can understand it right uoav so that there can be no question about it.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 41
I was accused of pussyfooting but it doesn't seem to me that I am
the one.
Mr. Willis. I did not say you were pussyfooting-. I said there
should be none.
The Chairman. I asked a very simple question.
Mr. Kaplan. The answer is this is all the books of accounts, all the
records with respect to books of accounts that I had at the time the
subpena was served and since then I have here to the present.
The Chairman. That is not responsive.
Mr. Kaplan. I am not finished with my answer, sir.
The Chairman. That is not responsive to the question. I did not
ask you about that at all. I asked you did you keep a record ?
Mr. Kaplan. I am going to answer the rest of your question.
I told you I was going to take it apart so that I would be sure of
what I am answering because I don't understand what you are asking.
(The witness conferred with his counsel.)
Mr. Sciierer. Mr. Chairman, I think the question is plain. There
has been a direction to answer. I think we should proceed now.
Mr. Needleman. Oh, no, Mr. Scherer. I will not permit the record
to stand that way. What are j^ou trying to do, trap him? He wants
to give the second part of the answer.
The Chairman. Just a minute.
Mr. Needleman. Are you trying to trap the witness or are you
trying to elicit information ?
Mr. Scherer. Keep your voice down.
Mr. Needleman. I don't like that kind of tactic.
The Chairman. Just a minute. This is a very simple question.
Mr. Needleman. Let's get the question simple.
Mr. Kaplan. I have explained that I am going to try to answer it
in both ways. I don't understand whether it is with reference to the
duces tecum or not and I am going to answer it in l)oth respects.
With reference to the duces tecum I have here all the records that
I had at the time the first subpena was served and all that I have
acquired since that are called for by that subpena including this one
"All books of accounts," and so forth. With respect to any aspects
of your question which may refer to any period — period prior to that
subpena, or to the identification of me as an officer of this Fund, I
decline to answer on the grounds I have already given you.
(The witness conferred with his counsel.)
^Nlr. Kaplan. All right. The declaration of human rights and,
since I am repeating them, 1 might as well give you the sections in
the declaration of human rights.
The Chairman. Do not bother.
Mr. Kaplan. The first section is Article 10, which says everyone
is entitled in full equality to a fair and public hearing by an inde-
l)endent and impartial tribunal in the determination of his rights and
obligations and it seems to me this right is being violated right now.
(The witness conferred with his counsel.)
Mr. Kaplan. In addition there are two other sections of the declara-
tion of human rights.
The Chairman. Never mind. We are acquainted with that. Go
ahead, Mr. Tavenner,
Mr. Kaplan. I wonder whether vou ai'e. Article 19
42 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
The Chairman. Just a moment.
Mr. Kaplan. Then on the m'ounds
The Chairman. I directed you to answer the question of wliether
or not
Mr. Kaplan. I answered.
The Chairman. whether or not you kept a record of the con-
tributions made to this organization and of the disbursements of the
funds of the organization that you made as an officer of the organiza-
tion.
(The witness conferred with his counsel.)
Mr. ICvPLAN. "With respect to any aspects of that question which
deals with a period prior to the service of the subpena I have already
told you that I am declining to answer on the grounds of human
rights, the ninth amendment which embraces it, the first amendment,
and the fifth amendment which is designed particularly against giving
testimony under conditions of harassment.
The Chairman. All riglit. Go ahead, Mr. Tavenner.
Mr. Tavenner. You do not rely upon the fifth amendment, then,
on the grounds that to answer the question might tend to incriminate
you?
(The witness conferred with his counsel.)
Mr. Kaplan. I rely on the fifth amendment on the ground that I
have no faith, no trust that this committee in asking that question is
not seeking information and that my answer may not give the infor-
mation which may lead to harassment of all kinds including legal
sanctions.
This committee and members of it have from time to time boasted
of the sanctions that they have imposed upon witnesses here.
Mr. Tavenner. Then you do rely on it. Then you do rely upon
the self -incriminatory clause?
Mr. Kaplan. I have answered the question.
The Chairman. Yes, he did. He invoked the fifth amendment.
Proceed, Mr. Tavenner.
Mr, TAi-ENNER. The subpena duces tecum requires the production
of canceled checks of The Fund for Social Analysis from January 1,
1958.
Produce them, please.
Mr. Kaplan. The canceled checks are in the bank statement of The
Amalgamated Bank of New York at the time when they were re-
turned with the statement.
Mr. Tavenner. Those are the same documents you lianded me a
moment ago or tendered a moment ago?
Mr. Kaplan. I offered them.
The Chairman. Are the canceled checks there ?
Mr. Needleman. They are in each monthly statement.
Mr. Tavenner. Beginning at what date ?
Mr. Kaplan. The first of these statements begins Xovember 14,
1958. The last of these statements ends April 1, 1961, which pre-
sumably covers the statement for the whole month of April.
The Chairman. How many checks were issued in May ?
Mr, Kaplan. I am offering this to the committee for its perusal
and I would rather not say how many checks are in there.
Mr. Needleman, They are in here.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0 43
Mr. Tavenner. You have not produced the canceled checks at the
East River Savings Bank,
Mr. Kaplan. At the East River Savings Bank there are no can-
celed checks. I have never heard of a savings bank with canceled
checks.
Mr. Willis. Mr. Chairman, in order to satisfy my mind as to tlie
compliance with the subpena, I ask the witness, are you now sayings
and there is a vast distinction — that the checks you are producing
embrace all of the checks that were issued from November 14, 1958,
to April 1, 1961, or are they those that you happened to have in your
possession at the time of the issuance of the subpena %
(The witness conferred with his counsel.)
Mr. Kaplan, Each statement contains the checks that were issued
or that were received by the bank during that month and they are
all in there,
Mr, Needleman, Did you understand that, Congressman ?
Mr, Willis. He is not answering the question.
Mr. Needleman, I think it does.
In other words, each monthly statement has a certain number of
checks that show^ they were received by the bank. Those checks are
in there.
Mr. Tavenner, The third requirement is that you produce the bank
statements of The Fund for Social Analysis from January 1, 1958,
Mr, Kaplan. The bank statements.
Mr. Tavenner. Yes.
Mr. Kaplan, The checks are in the bank statements,
Mr, Tavenner, Now, you said there was a savings account at the
East River Savings Bank, Do you have the savings account book?
Mr, Kaplan, I have the savings account book here. It is Book
No, 443,748, East River Savings Bank,
Mr, Tavenner, Does it show the deposits and withdrawals ?
Mr, Kaplan, "In account with Tlie Fund for Social Analysis,"
and it shows a column for deposits, a column for interest, a column for
withdrawals, and a column for balance.
The Chairman. Before making the deposit in that savings account,
what record did you keep for your own information of the source
of the funds thus deposited ?
(The witness conferred with his counsel.)
Mr. Kaplan. Insofar as this question relates to the period subse-
quent to the issuance of the subpena, the receipt of tlie first subpena
by me, there were no such transactions, no receipts or disbursements of
any kind that I made.
With respect to the period prior to the issuance of the subpena, I
decline to answer on the grounds that I have already given,
Mr, Willis, Let me ask this question.
The Chairman. I direct you to answer that question, Mr. Witness.
Mr. Kaplan. I decline to answer on the grounds of the declaration
of human rights.
The Chairman. The same grounds ?
Mr, Kaplan, Tlie ninth, first, and fifth amendments. Is "the same
grounds" all right from now on ?
The Chairman. Yes.
72930—161 4
44 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Mr. Kai'i.ax. Allriglit.
Mr. Willis. Were tliere transactions in cash or otherwise regarding
(he receipt of funds that were not deposited and would not be revealed
Ity tlie bank statements and checks you have exhibited?
Ml-. Kaplan. I do not understand that question.
( The witness conferred with his counsel.)
Air. Kaplan. I have already testitied that I was involved in no
transactions with funds subsequent, to the receipt of the subpena.
With respect to the prior period, I decline to answer on the grounds
I have already given.
Mr. Willis. It is argumentative but anyone would conclude that
(he statements you are now submitting are completely unrevealin^ of
receipts and disbursements, and we are now talking about legislation,
Mr. Chairman, having to do with income tax.
The Chairman. All right. Go ahead, Mr. Tavenner.
Mr. Tavenner. The fourth item in the subpena called for copies
of all Federal tax returns filed by The Fund for Social Analysis from
January 1, 1958, to date.
Will you produce them at this time, please?
Mr. Kaplan. I have no copies of any tax returns of The Fund for
Social Analysis. I had no such copy at the time that the subpena was
issued to me or that I received the subpena, and so I have nothing to
deliver to you on that.
Mr. Tavenner. Where were the copies of the returns when the sub-
pena was served on you ?
Mr. Kaplan. Well, we are getting back to the form of the ques-
tion, that it is one of these double or triple questions that we hassled
over before for a long time and, in order to save time, I will simply
come to the conclusion I suppose we will come to after a lot of fum-
bling around with this and just decline to answer with respect to any
period prior to the issuance of the subpena.
I have already answered that subsequent to the issuance I have had
no such documents.
Mr. Tavenner. Will you hand over to the investigator, please, the
documents which you put on the table there ?
Mr. Needleman. We are going to get them back ?
Mr. Tavenner. Oh, yes. Mr. Chairman, we would like a little time
to look at these documents and I may want to ask him some further
(Questions.
Mr. Kaplan. These statements
Mr. Needleman. These bank statements you can take your time
with.
The East River Bank book, Mr. Chairman, I will show to you but,
if you need any further information out of it outside of perusal, we
will give you a photostatic copy of it.
]Mr. Kaplan. Mr. Tavenner, this you haven't covered so I would
like to describe what it is.
Mr. Tavenner. Very well.
Mr. Kaplan. This is tlie checking book with the entries as to checks
drawn and the deposit slips, receipts when there were deposits made in
The Amalgamated Bank.
(The document was handed to Mr. Tavenner.)
Mr. Tavenner. Do you have deposit slips for the deposits made at
the East River Savings Bank ?
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 45
Mr. Kaplaist. The East lliver Savings Bank book has a deposit re-
ceipt stamped in it.
Mr. Tav'enner. You have no separate deposit receipts — slips?
Mr. Kaplan. 1 think that is nsnal in a savings account.
The Chairman. Now, referring to tliis East River Savings Bank
book, there are a number of withdrawals in large sums. To whom
were these amounts paid? January 4, 1960, $2,500. To whom did
that go ?
Mr. Kaplan. Mr. Chairman, as you expect, I decline to answer that
question on the grounds I have already given. If yon wanted some
understanding, it seems to me that the public record of the Fund
would give it to you with respect to that.
The Chairman. No, that is the point. It does not. The oidy
record that would disclose where this money came from
Mr. Kaplan. If you would permit me.
The Chairman, —and who got it would be your own records.
Mr. Kaplan. You have the records.
Mr. Needleman. May I point out, Mr. Chairman, that you have a
record from the previous witness that was introduced in the record
that I turned over to Mr. Tavenner which listed the names of recij^i-
ents if I am not mistaken, and I would assume that that is where
the money went.
The Chairman. From this account ?
Mr. Needleman. Yes, sir.
Mr. Kaplan. And also you just got the canceled checks, didn't you ?
Mr. Tavenner. I have some of the canceled checks.
Mr. I^PLAN. You have all the canceled checks that I have, not
some of them.
Mr. Doyle. May I ask one question ?
This bank book of the East River Savings Bank which you pro-
duced under subpena shows as of January 11, 1961, a balance of
$4,783.34. Are there any outstanding checks against this account
which have not yet come back to you ?
Mr. KLiPLAN. May I consult with counsel?
(The witness conferred with his counsel.)
Mr. Kaplan. Mr. Doyle, I would like to point out that I just gave
Mr. Tavenner an additional record that I brought with me whicli he
had not reviewed with me and that includes the Amalgamated clieck-
ing account bank book from which all the checks were issued.
Mr. Doyle. I see.
Mr. Kaplan. So that your record will show when tlio che''ks re-
turned were issued, are all in.
Mr. Doyle. That shows checks on both accounts?
Mr. Kaplan. No, there are no checks on the savings account except
if you withdraw money you can take it by check or cash; but you
don't draw on a savings account by check.
Mr. Doyle. Have you made all of the deposits that a])!)ear in this
East River Savings Bank yourself ? I mean, have you attended to the
detail?
Mr. Kaplan. I decline to answer that question on the grounds I
have already given.
Mr. Willis. May I have two questions, Mr. (^hairman. in the hrs(
month of your operation, according to the transactions revealed in
1958 by the savings book, it appears that from January 24 you made a
46 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
deposit, a savings deposit of $300, on the same date you made another
one of $1,000, and 6 days later, on January 30, you made another one
of $100, which is $1,400 for that month.
Did you produce or do you have, or did the Fund have, records to
show where this money came from, the individuals, contributors, the
donors, any other way you want to describe them ?
(The witness conferred with his counsel.)
Mr. Needleman. I may have missed the question.
]\Ir. Willis. We are talking about records.
Mr. Kaplax. It is the records of deposits you are talking about?
Mr. Willis. Yes, and I am asking you did you produce today or
do you have, or did the Fund ever liave, books and records that would
reveal where this $1,400 came from — donations, contributions or any
other way ?
(The witness conferred with his counsel.)
Mr. Kaplan. I had no record indicating where any of those funds
came from on the date that the first subpena was given to me.
Mr. Willis. You say "I." My question was broader than that,
Mr. Kaplan. Well, I am answering as to what I Iniow.
Mr. Willis. All right.
^Ir. Kaplan. I had no record at that date. As to a prior date, as
you know, already, I have refused to answer that question because
it was given to me in general form on the grounds
Mr. Willis. In other words, let us be accurate. What you are
saying is that when the subpena was served on you, you did not have
possession of the books that would show where this money came from
in January 1958.
Mr. Needleman. That is correct.
]\Ir. Kaplan. That is correct. I did not have any records to show
that at that time. That's right.
Mr. Scherer. Who had those records at that time ?
Mr. Kaplan. That is another one of those double questions, assum-
ing that somebody had the records.
Mr, Scherer. That is just one question. "WHio had the records?
Mr. Kaplan. I have no knowledge of whether anyone had such
records or who had the records at that time.
The Chairman. All right. Go ahead.
Mr. Doyle. May I ask one question? Did the Fimd, during the
time you have been identified with it in any capacity, ever keep such
records as we have been questioning about ?
Mr. Kaplan. Mr. Doyle, I haven't testified that I have been con-
nected with the Fund in any capacity,
Mr. Doyle. Well, I will not argue with you.
The Chairman. No. Proceed, Mr. Tavenner.
Mr. Ta\t:nner. I think, in light of one answer the witness gave, I
should ask him this question. Did you at any time turn over to any
person any record showing the source of the receipts of money by The
Fund for Social Analysis ?
(The witness conferred with his counsel.)
Mr. Kaplan. With respect to the period subsequent to the first sub-
pena served on me, from that date on, the answer is no, I did not.
Mr. Tavenner. All right. Now, from that date back
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 47
Mr, Kaplan. From that date back I decline to answer on the
grounds I have ah-eady given.
Mr. Tavenner. I ask for direction.
The Chairman. You are directed to answer the question.
Mr. IvAPLAN. I decline on the grounds I have already given.
Mr. Tavenner. When was The Fund for Social Analysis organized?
Mr. Kaplan. I decline to answer on the grounds I have already
given.
Mr. Tavenner. Did you participate in its organization ?
Mr. IvAPLAN. I decline to answer on the grounds I have already
given.
Mr. Tavenner. Are you acquainted with Harry Magdoff, the presi-
dent of the organization ?
Mr. Kaplan. I decline to answer on the grounds that I have already
given.
Mr. Tavenner. Do you know whether Harry Magdoff is now or at
any time has been a member of the Communist Party ?
Mr. Kaplan. I believe that question is introduced simply for the
purpose of creating a smear instead of letting me put into the record
the statement that has been made public as to what the Fund is, and I
decline to answ^er the question on the grounds I have already given.
Mr. Tavenner. Are you now a member of the Communist Party ?
Mr. Kaplan. That is another one of those questions. I decline to
answer.
Mr. Tavenner. Have you at any time been a member of the Com-
munist Party ?
Mr. Kaplan. I decline to answer any such question.
Mr. Needleman. On the grounds previously stated.
Mr. Willis. Is counsel correct ? Do you decline to answer the ques-
tion on the grounds previously stated?
Mr. Kaplan. Am I instructed to answer that question, Mr. Chair-
man?
The Chairman. He has answered it.
Mr. Tavenner. Mr. Chairman, I would like to have a few minutes
during the noon recess to examine the documents that are presented.
I think this w^ould be a good time to adjourn and call the witness
back after lunch.
The Chairman. Yes. The House is not in session and I suggest
that we make every effort to be here at 1 : 30.
The committee is in recess until 1 : 30.
(Whereupon, at 12:05 p.m.. May 31, 1961, the subcommittee re-
cessed, to reconvene at 1 : 30 p.m., this same day.)
AFTERNOON SESSION, WEDNESDAY, MAY 31, 1961
(The subcommittee reconvened at 1:30 p.m., Hon. Francis E.
Walter, chairman of the committee, presiding.)
The Chairman. The committee will be in order.
The Chair appoints a subconnnittee, consisting of Messrs. Doyle.
Scherer, and myself, to proceed with this afternoon's hearing.
There is a quorum of the subcommittee present.
Mr. Tavenner, will you proceed.
48 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
TESTIMONY OF IRVING KAPLAN— Resumed
Mr. Tavenner. Mr. Kaplan, I have before me Rubinstein Exhibit
Xo. 7, which is the document she presented, showin<T: the names of
persons who liave been ijranted awards. Will you examine it, please,
and state whether there are any other persons who were made grants
or aAvards besides those mentioned ?
Mr. Kaplan. I decline to answer on the grounds I have already
given in this morning's session. Do you want me to repeat those
grounds ?
Mr. Tavenner. No.
We have checked your bank records during the noon hour, and we
iind ciiecks in your files showing payment of grants to all of those
ujentioned in the exhibit with the excej^tion of one, and that was Prof.
Paul A. Baran. Will you tell the connnittee why there is no check
here evidencing the payment of the grant to Mr. Baran ;•
Mr. Kaplan. I take it you mean the Fund bank records were
checked. You said my records.
Mr. Tavenner. Yes. The recoi-ds which you presented here this
morning. If you desire to look at your bank book, I would be very
glad to give it to you.
Mr. Kaplan. May I have the question ?
Mr. Tavenner. I will restate it.
The question is: What became of the check — or was there a check —
evidencing a grant to Dr. Baran ?
Mr. Kaplan. I had no check at the time that the subpena came:
nor have I received one since.
Mr. Tavenner. How was Dr. Baran paid I
Mr. Kaplan. I decline to answer on the grounds already stated.
Mr. Tavenner. What amount was paid to Dr. Baran ?
Mr. Kaplan. You are referring to Paul X. Baran ?
Mr. Tavenner. Yes; I am asking you how much was paid to Dr.
Baran 'l
Mr. Kaplan. 1 decline to answer on the grounds already stated.
Mr. Tavenner. For what purpose was money paid to Dr. Baran?
Mr. Kaplan. Same answer.
Mr. Tavenner. The committee procured by a subpena duces tecmii
copies of checks issued by the East River Savings Bank against the
savings account which was in the name of The Fund for Social
Analysis. I hand you a check bearing date November 14, 1958, for
$800, which bears the endorsement, "The Fund for Social Analysis,
Irving Kaplan, Treas."
Will you examine it, please? Is that your signature, as an endorse-
ment on the check?
Mr. Kaplan. I decline to answer for the reasons given.
Mr. Tavenner. For what purpose w^as that check of $800 delivered ?
Mr. Kaplan. I decline to answer.
Mr. Tavenner. I desire to offer the check in evidence and ask that
it be marked "Kaplan Exhibit No. 2."
(Document marked "Kaplan Exhibit No. 2" and retained in com-
mittee files.)
Mr. Tavenner. I hand you now a check bearing the endorsement,
"The Fund for Social Analysis, John Kaplan, Tr.— Ii-ving Kaplan,
Tr." instead of John Kaplan.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 49
Mr. Needleman. No; I do not think that is right. That is a bank
check, and the treasurer is the treasurer of the bank, Mr. Tavenner.
He talked about Mr. Kaplan, treasurer, here, on the face of the check.
Mr. Ta\t3nner. I do not recall exactly what I said; so please strike
the question, and I will reframe it.
I hand you a check bearing date of May 8, 1959, payable to TJie
Fund for Social Analysis, in the amount of $1,400, endorsed on the
back, "The Fund for Social Analysis, Irving Kaplan, Tr,"
Will you examine it, please, and state whether that is your
endorsement ?
Mr. Kaplan. I refuse to answer on the grounds previously stated.
Mr. Tavenner, For what purpose was that check of $1,400 used?
Mr. Kaplan. I refuse to answer on the grounds already given.
Mr. Tavenner. I ask that it be offered in evidence and that it be
marked "Kaplan Exhibit No. 3."
(Document marked "Kaplan Exhibit No. 3" and retained in com-
mittee files.)
Mr. Tavenner. I hand you a check bearing date January 4, 1960,
in the amount of $2,500, payable to the order of The Fund for Social
Analysis. The endoi-sement, "The Fund for Social Analysis, Irving
Kaplan, Tr."
Will you examine that, please, and state whether or not that is your
endorsement ?
Mr. Kaplan. I refuse to ansAver on the grounds I have already
given.
Mr. Ta\t5nner. For wliat purpose was that money used?
Mr. Kaplan. I refuse to answer on the grounds given.
Mr. Ta\tcnner. I desire to oft'er the document ni evidence, and ask
that it be marked "Kaplan Exhibit No. 4."
The Chairman. .Mark it and make it a part of the committee
records.
(Document marked "Kaplan Exhibit No. 4" and retained in com-
mittee files.)
Mr. Tavenner. I hand you now a check bearing date July 14, 1059,
payable to The Fund for Social Analysis, in the amount of $1,000,
stamped on the back of wliich is the following: "(^reditod to the re-
count of the within-named payee."" The ])ayee of the check is The
Fund for Social Analysis.
Will you examine it, please, and state where that check was de-
posited ?
Mr. Kaplan. I refuse to answer on the grounds I have already
stated.
Mr. TA\T.NNrR. I desire to ofl'er the document in evidence, and ask
that it be marked "Kaolan Exhibit No. 5."
(Document marked "Kaplan Exhibit No. 6" and retained in com-
mittee files.)
Mr. Tavenner. Mr. Kaplan, was any part of the funds deposited in
either of the two bank accounts of Tlie Fund foi- Social Analysis de-
rived from the Communist Party?
Mr. Kaplan. May I consult with counsel ?
(The witness conferred with his counsel.)
50 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1960
Mr. Kaplan. I feel that this question is being put into the record
for innuendo purposes, and I refuse to answer it on the grounds I
have stated,
Mr, Tavenner. Then what was the source of these funds ?
Mr. Kaplan. I refuse to answer on the grounds I have stated.
Mr. Tavenner. You were a member of the Awards Committee, were
you not ?
Mr. Kaplan. I refuse to answer that question on the grounds
stated.
Mr. Ta\^nner. What criteria were used by the Awards Committee
if you know, for the selection of persons to be given grants?
Mr. Kaplan. The Fund for Social Analysis has publicly issued a
number of documents that state its purposes.
Mr. Tavenner. Now, just a moment. I asked you for your personal
knowledge.
Mr. Kaplan. I have read those documents. I have one of them here
and would like to put it into the record.
This is a document headed, "Statement of Policy, Fund for Social
Analysis."
Mr. Dotle. May I inquire, Mr. Chairman : Wliose name is on that
statement?
Mr. Kaplan. The Fund for Social Analysis is the name on the
statement.
Mr. Tavenner. Why is there no other name or address given on
tliis ? Is there any special reason ?
Mr. Kaplan. No. I have seen the statement published on a number
of occasions. It has never occurred to me that an organization that
publishes its statement must put an address on that particular publica-
tion. I am sure that The Fund for Social Analysis has issued other
statements with addresses.
And I would like to submit for the record another one publicly is-
sued, called "Announcement," which has the address on it.
Mr. Tavenner. Will you state what the address is, please?
Mr. Kaplan. The address is : "The Fund for Social Analysis, 165
Broadway, New York."
Mr. Tavenner. Is that the office of the association ?
Mr. Kaplan. That is what it is stated here is the office of the associa-
tion. I have given you the document.
Mr. Tavenner. Is it the office ?
Mr. Kaplan. I refuse to answer that question on the grounds I have
already stated.
The Chairman. I direct you to answer that question.
Mr, Kaplan. I have given you here a document that I have posses-
sion of, that has been publicly issued. As to the question as to what is
the address of the Fund, as distinguished from what it says in that
document, I refuse to answer on tlie grounds I have already stated.
Mr. Doyle. May I ask, Mr. Chairman: Is that a public statement
made by the Fund ?
Mr. Kaplan. This is a public statement headed "The Fund for
Social Analysis."
Mr. Do-ii.E. Well, is it a public statement by the Fund of which your
check shows you are treasurer ?
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 51
Mr. Kaplan. That is the same question asking me about my associa-
tion with the Fund, and you know I have refused to answer that ques-
tion.
Mr. Doyle. You are offering this as identification of a public state-
ment by somebody ?
Mr. Kaplan, I am offering this as a statement purporting to be
issued by the Fund as a basis for a response to the question asked of
me as to whether I know what are the standards used by the Awards
Committee of the Fund for giving grants.
Mr. Doyle. All right.
Mr. Kaplan. I think in these statements you will find those stand-
ards. So far as I know, this is what the standards are.
It says :
In making its awards the Fund will be guided solely by its estimate of the
intellectual qualifications of the applicants and the significance of the prob-
lems they propose to study. Its object is to promote research in an area of in-
quiry, not to popularize a set of uncriticized beliefs.
Then it goes on with further elaboration of that.
The announcement, which seems to me to be obviously in a form suit-
able for posting on university bulletin boards, summarizes that, and
it says :
The grants are awarded by a committee elected by the members of the Fund.
In making its awards, the committee is guided solely by its evaluation of the
scientific importance oi! the projects proposed and by its estimate of the qualifica-
tions of applicants to carry out the proposed studies.
Since 1958, the Fund's first year of operation, 6 grants totalling $9,000 were
made in the fields of economics and history.
That is the public statement as to these.
Ml'. Doyle. What public record did you make of the $9,000 that
was received and distributed by the Fund? You have just given that
as authority for the fact that some $9,000 was given in grants. Now,
what record have you ever had of those grants ?
Mr. Kaplan. I was giving this as a public statement of the Fund.
Mr. Doyle. Well, you were treasurer. What book record did you
ever make for income tax purposes ?
Mr. Kaplan. I have never testified here that I was treasurer.
Mr. Doyle. No; but your record shows you were. You have signed
all the bank checks as treasurer, I saw them this noon. They are
right here on the counsel's table.
What record did you ever make for income tax purposes or any
other record of this $9,000 that you paid out, as treasurer? Any?
Mr. Kaplan. I decline to answer that on the grounds I have
already stated.
Mr. Doyle, Sure. You are very proud of a statement but refuse
to accept any responsibility for it.
The Chairman. All right. Let us go on,
Mr. Kaplan. I offered to make a statement earlier that the chair-
man would not let me make, elaborating on my reasons for not answer-
ing these questions, I want the record to show that,
Mr, Tavenner, In the statement you read a moment ago, you said
that the Awards Committee would pass upon the qualifications of
applicants. As a member of the Awards Committee, did you pass
upon the qualifications of Dr, Aptheker before making him a grant
of $1,000?
52 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
Mr. Kaplan. I have not testified to any avSsociation wdth the Fund.
Mr. Tavenner. What qualifications did Dr. Aptheker have which
appealed to you, as a member of the Awards group ?
Mr. Kaplan. I don't see the relevancy of that question to the
subject.
Mr. Tavenner. Let me explain the relevancy.
Was not Dr. Aptheker known to you at that time to be a member-
at-large of the National Committee of the Communist Party repre-
senting the State of New York?
Mr, Kaplan. I refuse to answer that question on the grounds
already given.
Mr. Tavenner. Now, do you have any further statement that you
desire to make regarding the purposes and the activities of The Fund
for Social Analysis 2
If you do, I want to give you an opportimity to state it.
Mr. Kaplan. Are these documents going to be put into the record ?
Mr. Tavenner. Yes. I will put those into the record.
I offer m evidence a statement, "The Fund for Social Analysis,
Statement of Policy," to be marked as "Kaplan Exhibit No. 6," and an
"Announcement" by The Fund for Social Analysis, undated, but show-
ing an address of Room 2800, 165 Broadway, New York 6, New York,
and ask that it be marked "Kaplan Exhibit No. 7."
(Documents marked "Kaplan Exhibits Nos. 6 and 7" follow :)
Kaplan Exhibit No. 6
The Fund fob Sociai, Analysis
statement of policy
The Fund for Social Analysis is an informal organization of individuals inter-
ested in aiding research on problems of Marxist theory and its application. The
Fund is designed to bring together people who want to encourage such studies
and to provide financial assistance toward their production. It operates without
paid personnel or other overhead costs. Money is raised entirely through the
voluntary activities of the membership, and all contributions are allocated in
their entirety for research grants.
Socialist thinking in the United States has traditionally neglected analytical
and basic theoretical work. The retarding effect of this failure on the socialist
and labor movements in our country is today more apparent than ever before.
Under the recent pressures for social conformity, research on problems opened
up by Marxist theory has dwindled to a particularly low level. It is the purpose
of the Fund to do what it can to correct this situation by providing grants-in-aid
for research and publication to social scientists analyzing or applying Marxist
hypotheses.
In making its awards the Fund will be guided solely by its estimate of the
intellectual qualifications of the applicants and the significance of the problems
they propose to study. Its object is to promote research in an area of inquiry,
not to popularize a set of uncriticized beliefs. Every scientist must be to some
extent a critic of the theories he examines or applies. He alone is the proper
person to decide how far the criticism shall go.
Projects for books or essays in all fields of social science will be welcomed.
Topics bearing upon current problems will be given preference over those of
purely historical interest. Topics bearing upon the United States will be given
preference over those solely concerned with other countries.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 53
Kaplan Exhibit No. 7
The Fund for Social Analysis
Room 280()
165 Broadway
New York 6, N.Y.
announcement
The Fund for Social Analysis is again offering a limited number of grants-in-
aid for studies of problems posed by Marxist theory and its application. Proj-
ects for books and essays in all fields of social science, including social philosophy
and the sociology of science, are welcomed. Preference is given to studies of
current relevance over those of purely historical interest, to studies related
to the United States over those mainly concerned with foreign countries, and to
studies already underway over projects merely in outline.
Grants ordinarily range from $500 to $3,000, but applications for larger or
smaller amounts are considered. Grants may be requested for an entire project,
or for any part, or for assistance in research, editing or publication.
The P^und for Social Analysis is an informal organization of individuals in-
terested in aiding Marxist research. It operates without paid personnel or other
overhead costs. All money raised by the sponsors is distributed in grants.
The grants are awarded by a committee elected by the members of the Fund.
In making its awards, the committee is guided solely by its evaluation of the
scientific importance of the projects proposed and by its estimate of the quali-
fications of applicants to carry out the proposed studies.
Since 1958, the Fund's first year of operation, 6 grants totalling $0,000 were
made in the fields of economics and history.
Letters of inquiry and requests for information should be addressed to the
Corresponding Secretary, The Fund for Social Analysis, Room 2800, 165 Broad-
way, New York 6, N.Y.
Mr. Tavenner. Aiid that reminds me. I would like to ask you
another question about that.
At this address of Room 2800, 165 Broadway, is there any sipi or
anything else exhibited there to indicate that it is the office of The
Fund for Social Analysis ?
Mr. Kaplan. I refuse to answer that question on the grounds
given.
Mr. Tavenner. 165 Broadway, New York, is the address given by
your counsel when he identified himself for the record, here. Is it
his office in which the office of The Fund for Social Analysis is main-
tained ?
Mr. KjlPlan. I refuse to answer that question for the reasons
given.
Mr. Tavenner. If you have anything further to state, you may
state it.
Mr. Kaplan. If you have put these documents in the record, I
think they speak for themselves.
Mr. Tavenner. You stated that you would need to have returned
to you immediately the East River Savings Bank book, which I am
glad to do. I hand it to you now.
Mr. Needleman. Mr. Tavenner, will the record show that the other
documents will be returned to counsel ?
54 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Mr. Tavenner. It already sliows it. I told you they would be;
very promptly.
The Chairman. Are there any questions ?
Mr. Doyle. I have one question :
May I have one of the p;entleman's checks ? What is the address,
if you know, of 103 or 163 Broadway, New York? Is that your
office, or any office you are familiar with ?
Mr. Kaplan. 103 ?
Mr. Doyle. I think it was 163 that appeared on one of your checks.
Mr. Needleman. You mean 165.
Mr. Doyle. I may have mistaken a 5 for a 3, but I am quite sure
I saw it.
Mr. Kaplan. That is a repetition of the last question Mr. Tavenner
asked, I think.
Mr. Doyle. Do I understand that you are claiming your privilege
as to whether or not you are the signer of these several checks that
you have produced to the committee as treasurer of the Fmid?
Mr. Kaplan. Correct.
Mr. Doyle. You are not admitting that that is your signature?
INIr. Kaplan. Correct.
Mr. Doyle. But you did have these records. You have had these
records in your possession ever since you were subpenaed the first
time?
Mr. Kaplan. I had these records in my possession when I was sub-
penaed the first time.
Mr. Doyle. Has there been any other treasurer of this Fund than
you since its inception ?
Mr. Kaplan. I decline to answer on the grounds given.
The Chairman. The witness is excused.
(At this point the witness was excused.)
Tlie Chairman. Will you call your next witness ?
INIr. Tavenner. Yes, sir. Mr. Magdoff, will you come forward,
please?
The Chairman. Do you solemnly swear that you will tell the truth,
the whole truth, and nothing but the truth, so help you God ?
Mr. i\lAGDorr. I do.
^Yliat is the point to this? I asked that there be no pictures taken.
Isn't there a matter of courtesy here ?
TESTIMONY OF HAERY SAMUEL MAGDOFF, ACCOMPANIED BY
COUNSEL, NOHMAN REDLICH
Mr. Tavenner. Mr. Magdoff, will you state your name, and place
of residence, and occupation?
Mr. IMagdoff. My name is Harry Magdoff. I live at 20 West 84th
Street, New York City. I am a financial consultant.
j\Ir. Tavenner. Will counsel accompanying the witness please
identify himself for the record ?
Mr. Redlich. Norman Redlich, 29 Washington Square, New York,
New York.
Mr. Tavenner. Mr. Magdoff, I hand you "Rubinstein Exhibit No.
1," which is a statement by an Annette T. Rubinstein, secretary of The
Fund for Social Analysis, giving the names of the officers of the organ-
ization. (See p. 7.)
^ SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 55
I call your attention to the name of the first officer and ask you to
state who it is, as shown from the docmnent.
Mr. Magdoff. I read from the document that the first name listed
is Harry Magdoff, president.
Mr. Tavenner. Do you see a signature appearing after the title
"President"?
Mr. Magdoff, I see a signature.
Mr. Tavenner. What is the name ?
Mr. Magdoff. The name, as I read it, is Harry Magdoff.
Mr. Ta\'enner. Is that your signature ?
Mr. Magdoff, I decline to answer on the groimds of the first and
fifth amendments.
Mr, Tavenner. Mr. Magdoff, there was served upon you as presi-
dent of The Fund for Social Analysis a subpena duces tecum re-
quiring the production before the committee of certain documents. I
will read the list of the documents directed to be produced :
(1) All minutes of the meetings of the Awards Committee of The Fund for
Social Analysis from January 1, 1958, to date;
(2) All minutes of the meetings of the Administrative Committee of The Fund
for Social Analysis relating to grants and/or awards from January 1, 1958, to
date ;
(3) Copies of all letters or memoranda from The Fund for Social Analysis
and/or any of its officers, agents, or employees, to individuals, corporations, or
associations, relating to donations and/or loans made to The Fund for Social
Analysis from January 1, 1958, to date ;
(4) All letters or memoranda received from individuals, corporations, or asso-
ciations to The Fund for Social Analysis and/or any of its officers, agents, or
employees, relating to donations and/or loans to The Fund for Social Analysis,
from January 1, 1958, to date ;
(5) All applications, letters, or memoranda from individuals addressed to The
Fund for Social Analysis and/or any of its officers, agents, or employees seeking
grants or awards of money from The Fund for Social Analysis from January 1,
1958, to date ;
(6) Copies of all letters or memoranda of The Fund for Social Analysis or any
of its officers, agents, or employees, relating to grants or awards or money by
The Fund for Social Analysis from January 1, 1958, to date ;
(7) All books of account of The Fund for Social Analysis, showing receipts
and disbursements, from January 1, 1958, to date ;
(8) Cancelled checks of The Fund for Social Analysis from January 1, 1958, to
date ;
(9) Bank statements of The Fund for Social Analysis from January 1, 1958,
to date;
(10) Copies of all Federal tax returns filed by The Fund for Social Analysis
from January 1, 1958, to date.
I desire to offer the return of this subpena in evidence and ask that
it be marked "Magdoff Exhibit No. 1."
(Document marked "Magdoff Exhibit No. 1," and retained in com-
mittee files.)
Mr. Tavenner. Will you please present the documents called for at
this time ?
Mr. Magdoff. I didn't bring any such documents because I have no
such documents, nor did I have any such documents since the subpena
was served.
Mr. Tavenner. You say you had no such documents after the
subpena was served. Did you have any before the subpena was
served ?
Mr. Magdoff. On that I decline to answer on the grounds of the
first and fifth amendments.
56 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Mr. Tavenner. Where were these documents that have been called
for before you were served with the subpena ?
Mr, Magdoff. I decline to answer on the grounds of the first and
fifth amendments.
Mr. Tavexner. I ask direction, Mr. Chairman.
The Chairmax. You are requested to answer the question.
Mr. Magdoff. I decline on the grounds of pertinency, and on
grounds of the privileges granted to me with special reference to the
first and fifth amendments.
Mr. Tavenner. With respect to the ground of pertinency which you
mentioned, the chairman made a very full opening statement as to the
subject of the hearing and the purpose of it. And of course, in order
to inquire into the character of propaganda work which may be going
on, on the part of this organization, it is necessaiy to have the papers
and the records. That is the reason for asking for them.
Now, having explained the pertinency, I again ask you to answer the
question.
Mr. Magdoff. I give the same answer, but I would like to state, as
far as jjropaganda is concerned, the best evidence would be the products
that are produced under grants given, whether it is propaganda or
scholarship.
Mr. Tavenner. All right. Do you have the work product that
resulted from the granting of an award or the making of a grant to
Dr. Aptheker?
Mr. Magdoff. I have no such product.
Mr. Tavenner. Where is it ?
Mr. Magdoff. I haven't the slightest idea.
Mr. Tavenner. Have you ever seen it ?
Mr. Magdoff. No, I don't even know whether it is completed.
When we give grants, there isn't the requirement that the recipient
must produce the product as of a certain date. Scholarship takes a lot
of time, frequently, and the better work takes longer time.
The Chairman. Now, just a minute. When you say "When we give
grants"
Mr, Magdoff. When the Fund gives grants.
The Chairman. Well, by "we," whom did you mean ?
Mr. Magdoff. I mean when The Fund for Social Analysis gives
grants.
Mr. Tavenner. Were you a member of the Awards Committee ?
Mr. Magdoff, I decline to answer on the ^rounds of the first and
fifth
The Chairman, I direct you to answer the questions because you
certainly opened the door for that. You said, "When we gi^^e
grants. — " I direct you to answer that question.
Mr. Magdoff. I decline to answer on the grounds of pertinency
and the rights and privileges granted under the Constitution.
Mr. Tavenner. The records that were produced by the treasurer,
Mr. Kaplan, show that the first payment of $500 was made to Herbert
Aptheker on February 4, 1959. Did you know that Mr. Aptheker was
at that time a member of the National Committee of the Communist
Party ?
Mr. Magdoff. I decline to answer on the same grounds*
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 57
Mr. TA^^ENNER. Were you at that time a member of the Communist
Party ?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Ta\tenner. One of the members of the Awards Committee, as
shown by a publication of The Fund for Social Analysis, was Frank
Coe. Did you know Frank Coe to be a member of the Connnunist
Party?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Do you know whether Frank Coe is noAv in (^hina?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Do you know in what business he is engaged ?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. TavI':nner. Was Russ Nixon a member of the Awards Com-
mittee ?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Did you know whether or not he was a member of
the Communist Party?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Who were instrumental in the forming of this or-
ganization ?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Did you participate in its original foundation?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. There is noted on Rubinstein Exhibit No. 1 this
certification by you:
I, President of The Fund for Social Analysis, do hereby certify that on the 14th
day of November, 1958, Annette T. Rubinstein, who signed and attested the
foregoing, was and now is the duly qualified and acting Secretary of said Asso-
ciation and that she was and is duly authorized by the by-laws to certify to the
proceedings of the members of the Board of Directors of said Association, and
to affix the seal of the said Association to such certificate. Harry Magdoff,
President.
Did you make that certification?
Mr. Redlich. I would like the record to indicate that my client has
not admitted that he is president of The Fund for Social Analysis.
Mr. Magdoff. I decline to answer on the grounds stated before.
Mr. Tavenner. How was Annette T. Rubinstein elected secretary ?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Wasn't it by the Board of Directors ?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Who compose the Board of Directors ?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Why is it that you refuse to give any information
regarding the organization and the activities of this group, if there is
nothing wrong with it ?
Mr. Magdoff. I decline to answer on the same grounds stated before.
Mr. Tavenner. Is it because this organization is carrying out one
of the functions of the Communist Party in this country ? Ts that the
reason that you are refusing to answer?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Sciierer. Isn't that the reason you people have so far hidden
the contributors to this organization ?
Mr. Magdopt. "Wliat reason ?
58 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Mr. ScHERER. The fact that it is a Communist operation, and you
do not want to disclose to a congressional committee the source of your
funds ? Isn't that the reason ?
Mr. Magdoft. Is that an inference from the use of constitutional
rights ?
JNIr. ScHERER. No. I am asking you.
Mr. Magdoff. My understanding of the Constitution is that the
rights of individuals are protected against inquisitions of this type,
and it is for that reason that I am using my groimds, self-incrimina-
tion, first amendment, all the rights granted to individuals.
Mr. ScHERER. I ask that the chairman direct the witness to answer
the question.
The Chairman. You are directed to answer the question.
Mr. Magdoff. I decline to answer on the grounds of the fifth
amendment.
Mr. Tavenner. Was Stanley Moore also a member of the Awards
Committee ?
Mr. ]\Iagdoff. I decline to answer on the same grounds.
Mr. Tavenner. Did you know whether or not Stanley Moore was
a member of the Communist Party ?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Doyle. May I ask this question of the witness: Is it your
position that Congress has no right under the Constitution to inves-
tigate subversive activities, too ?
I am not referring now to
Mr. Magdoff. My understanding of the Constitution is that Con-
gress has a very broad right to investigate for purposes of providing
a basis for legislation, for better understanding of legislative mat-
ters. From the history of this committee and the record of this
committee, I certainly don't think that it has a right under the Con-
stitution to carry on inquiries into matters of this sort, and especially
into matters of scholarship.
Mr. Doyle. You were present on the front row, there, with the
doctor, the lady, who testified this morning. You were seated there
all the time that Chairman Walter was reading his preliminary state-
ment, were you not ?
Mr. Magdoff. I was.
Mr. Doyle. I am sure I saw you. You heard the whole thing,
as to the scope of this investigation. You heard every word that was
read. And you heard two items of legislation specifically referred
to, that Congress was looking into in connection with it, to see whether
or not some people in the Fund were active Communists. That goes
to tlie pertinency of this question. We are interested in seeing the
exfent to which
Counsel, will you let me ask the witness my question?
Is it your position that with two bills pending before the Congress
on subversive activities, we do not have a right to question whether
or not the Fund, of which we believe you were president, and are,
as shown in that certificate, is in any manner subversive, under the
control in part or whole of the Conmiunist Party? Is that your
position ?
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 59
Mr. Magdoff. My position is not with respect to the rights of the
committee, but with respect to the rights of the individual, not to be
badgered by inquisitions.
Mr. Doyle. Well, of course, we do not disagree with you on that.
There is no disagreement between us and you on that point, sir.
But when you claim that we are badgering the witness, it is abso-
lutely false. We are doing nothing of the kind, and you know it.
That is just a prepared speech that you folks throw up for public
propaganda.
Mr. Redlicii. My client lias had no prepared speech.
Mr. Magdoff. I have nothing in front of me.
Mr. Doyle. He does not need to have it written out. You know
that.
Mr. IMagdoff. Five to four decisions of the Supreme Court show
there is plenty of room for difference of opinion as to the rights and
limitations of congressional investigations.
Mr. Doyle. I am glad you are familiar with them. So are we.
The Chairman. All right, Mr. Tavenner. Ask your next question,
Mr. Tavenner. You stated you had no records of income tax re-
turns. Did you file an income tax return for any year? And by
"you,'' I am speaking of The Fund for Social Analysis, of which
you are the president.
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. What w^as the source of the income which was used
for the payment of grants and awards ?
Mr. Magdoff. I decline to answer on the same gromids.
Mr. Tavenner. Tell us a little bit about the manner in which the
business was carried on. When you received applications — and one
of the documents presented here shows that you received quite a great
number of applications for grants— how were those applications acted
upon?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. How could you act on those applications if you did
not keep records?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Actually, you appeared before a group, did you not,
after being served with subpena — it was the New York Council To
Abolish The House Un-American Activities Committee — with regard
to these matters, did you not ?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. You had forestalled the seizure or the requirement
of the production of documents by making certain there were none
to produce, did you not ?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Scherer. Who did destroy the records of this organization
which we have been trying to get ?
Mr. Magdoff. I decline to answer that question on the same grounds.
Mr. Scherer. Were they in Mr. Needleman's office ?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Oh, yes. I wanted to ask you about that.
The address of your organization seems to be that of the attorney,
Mr. Needleman, who appeared as counsel for the two witnesses who
72930—61 5
60 SUBVERSIVE ACTIVITIES CONTROL ACT OF 19 50
just precetled you. Wluit was Mr. Needleman's connection with this
outfit?
Mr. Magix)ff. I decline to answer on the same grounds.
Mr. Tavenner. Wliy would this Fund maintain an office at the ad-
dress of some person Avho was not connected with its organization?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Did you meet in his office as an officer of the Fund?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Certainly there must be some reason for a company
or association engaged in what you term as a public enterprise having
an office at the address of someone who was not connected with it.
There must be some reason for that.
Mr. Magdoff. I decline to answer on the same grounds.
Mr, Tavenner. Do you know how to account for the fact that there
is no check among the records evidencing a payment to Dr. Baran of
his grant?
Mr. Magdoff. I decline to answ^er on the same grounds.
Mr. Tavenner. Were there any other grants for which checks
Avere not given in the usual way ?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Were grants made to any persons other than those
whose names appeared in your published statement ?
Mr. Redlicii. Would you repeat the question ?
Mr. Tavenner. Were any grants made to persons other than those
whose names appear in the document referred to as Rubinstein Ex-
hibit No. 7?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. Did Dr. Aptheker have any business or association
with The Fund for Social Analysis other than the receiving of a
grant ?
Mr. jVIagdoff. I decline to answer on the same grounds.
Mr. Tavenner. Did he aid in any manner in the formation of this
organization?
Mr. Magdoff. I decline to answer on the same grounds.
Mr. Tavenner. I have no further questions, Mr. Chairman.
Mr. SciiERER. What is your occupation, Mr. Magdoff ?
Mr. Magdoff. I am a financial consultant, for myself.
Mr. ScriERER. Where is your business or office ?
Mr. Magdoff. I would be glad to give it to you. It is my business,
and my income depends upon it. If you want it, I will be glad to
give it to you.
Mr. Sgiierer. Is it in New York ?
Mr. Magdoff. In New York City.
Mr. Sciierer. What is your residence address ?
Mr. Magdoff. 20 West 84th Street.
Mr. Sciierer. How long have you known Mr. Needleman ?
Mr, Magdoff. I decline to answer on the same grounds as I have
stated before.
Mr, ScHERER. It is a fact, is it not, that he is associated with this
Fund, and that the records are in his office ?
Mr. Magdoff. I decline to answer.
Mr. ScHERER. Or under his control ?
Mr. Magdoff, I decline to answer on the same grounds.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 61
The Chairman. Is that all ?
The witness is excused.
(At this point the witness was excused.)
The Chairman. Call your next witness.
Mr. Tavenner. Mr. Stanley Moore, will you come forward, please?
The Chairman. Will you raise your right hand ?
Do you swear that the testimony you give will be the truth, the
whole truth, and nothing but the trutli, so help you God ?
Mr. Moore. I do.
TESTIMONY OF STANLEY WILLIAMS MOORE, ACCOMPANIED BY
COUNSEL, LEONARD B. BOUDIN
Mr. Tavenner. You are Mr. Stanley Moore ?
Mr. MooRE. I am.
Mr. Tavenner. l^Hiere do you reside?
Mr. MooRE. New York City.
Mr. Tavenner. "What is your occupation ?
Mr. Moore. Teacher.
Mr. Tavenner. Where ?
Mr. MooRE. Barnard College.
Mr. Tavenner. It is noted that you are accompanied by counsel.
Will counsel please identify himself for tlie record ?
Mr. BouDiN. Surely. Leonard B. Boudin, 25 Broad Street, New
York City.
Mr. Tavenner, I have before me a thermofax copy of a Statement
of Awards Committee, The Fund for Social Analysis. I hand it to
you and ask you if you can identify it as a publication of that organi-
zation.
Mr. MooRE. I decline to answer that question on two grounds, first
that it invades my rights of free speech and free association under
the first amendment; and second, that under the fifth amendment I
may not be compelled to be a witness against myself.
Mr. Tavenner. I desire to offer the document in evidence, and
ask that it be marked "Moore Exhibit No. 1."
The Chairman. Make it a part of the record.
(Document marked "Moore Exhibit No. 1," follows :)
Moore Exhibit No. 1
The Fund fob Social Analysis
statement of awards committee
In 1958 the Fund for Social Analysis is offering a number of grants-in-aid
for studies of problems posed by Marxist theory and its application. Projects
for boolis and essays in all fields of social science, including social philosophy
and the sociology of science, will be welcomed. Studies of current relevance
will be given preference over those of purely historical interest. Studies re-
lated to the United States will be given preference over those concerned mainly
with other countries. Studies already under way will be given preference over
projects merely in outline.
Grants will ordinarily range from $500.00 to $3,000.00, but applications for
larger or smaller amounts will be considered. Grants may be requested for
an entire project, or for any part, or for assistance in research, editing or
publication.
62 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
The Fund for Social Analysis is an informal organization of individuals
interested in aiding Marxist research. It operates without paid personnel or
other overhead costs. All money raised by the sponsors will be distributed in
grants.
The grants will be awarded by a committee elected by the members of the
Fund. The current members of the Awards Committee ai'e: Frank Coe, Stanley
Moore, Irving Kaplan, Russ Nixon, J. Raymond Walsh, Harry Magdoff, Annette
Rubinstein.
In making its awards, the committee will be guided solely by its evaluation
of the scieutitic importance of projects and its estimate of the qualifications of
applicants to carry out the proposed studies. The committee will obtain the
advice and opinions of qualified experts in various fields of inquiry in which
applications may be received. The Committee of Awards, however, has sole
responsibility for making grants and its decisions are not subject to review.
Applications should include the following information :
1. Name and address of applicant.
2. Outline of project.
3. Such parts of project as may have been drafted.
4. Plans for publication.
5. Amount of money requested and proposed use.
G. Previous publications, if any.
7. Relevant biographical data.
8. Such references (names and addresses of persons familiMr with the
applicant's work and intellectual qualifications) as applicant may wish
to submit.
Extra copies will be appreciated.
Letters of application, including the requested information, should be ad-
dressed to :
The Corresponding Secretary
The Fund for Social Analysis
Room 2800
165 Broadway
New York, N.Y.
Mr. Tavenner. Mr. Moore, the document includes this language:
The grants will be awarded by a committee elected by the members of the
Fund. The current members of the Awards Committee are:
The first named is Frank Coe, and the second is Stanlej^ Moore.
Were you a member of the Awards Committee of Tlie Fund for
Social Analysis ?
Mr. MooRE. I decline to answer that question on the grounds previ-
ously stated, relying upon the first and fifth amendments.
Mr. Tavenner. Among the other persons mentioned are Irving
Kaplan, Russ Nixon, Harry Magdofl', Annette Rubinstein, and also
Frank Coe. Were you acquainted with them personally?
Mr. MooRE. I decline to answer that question on the grounds pre-
viously stated, relying on the first and fifth amendments.
Mr. Tavenner. Will you tell the committee, please, what your edu-
cational training and background has been ?
Mr. Moore. I graduated from the University of California at Berke-
ley in about 1935. I then took graduate work at Harvard University,
and at the University of California, taking my Ph. D. degree at the
University of California at Berkeley in 1940, to the best of my recol-
lection.
As far as postdoctoral education is concerned, I have studied at
Cambridge University, England, and at Columbia University in New
York ; also at the new School for Social Research in New York City.
That constitutes my educational record.
Mr. Tavenner. Have you engaged in teaching at any place that you
have not mentioned ?
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1960 63
Mr. Moore. Oh, yes. You didn't ask me my teaching record.
Mr. Tavenner. Suppose you give us your record of employment.
Mr. MooRE. I have taught at the University of California as a
teaching assistant during my graduate years and later as a lecturer in
philosophy at the end of the Second World War. I have also taught
at Reed College in Portland, Oreg.
Mr. Tavenner. The dates, please.
Mr. MooRE. From 1948 until 1954.
I have also taught at Harvard University; the dates there, from
1940 to 1942. And I have taught at Barnard College during the last
year.
Mr. Tavenner. Will you tell the committee, please, how you were
selected to participate in the work of granting awards or making
grants, if you did ?
Mr. MooRE. I decline to answer that question on the grounds pre-
viously stated, relying upon the first and fifth amendments.
Mr. Tavenner. Did you have any connection with the original for-
mation of The Fund for Social Analysis ?
Mr. Moore. I decline to answer that question on the grounds pre-
viously stated, relying upon the first and fifth amendments.
Mr. Tavenner. Did you know that Dr. Aptheker, at the time he
received an award, was a member of the National Committee of the
Communist Party of the United States ?
Mr. Moore. I decline to answer that question on the grounds
previously stated, reljdng upon the first and fifth amendments.
Mr. Tavenner. What was your participation, if any, in the grant-
ing of that award ?
Mr. MooRE. I decline to answer that question on the grounds
previously stated, relying upon the first and fifth amendments.
Mr. Tavenner. You were a witness before this committee on Jmie
2, 1954, 1 believe.
Mr. MooRE. To my recollection, it was June 1954. I couldn't check
on the date.
Mr. Ta\^nner. Yes. At that time you refused to answer ques-
tions relating to your own Communist Party affiliations on the ground
of the fifth amendment. That is correct, is it not ?
Mr. MooRE. To the best of my recollection.
Mr. Tavenner. Yes. Now, since that time, there have been sev-
eral witnesses before this committee who have testified, and in their
testimony they have referred to you. So I think I should ask you
questions relating to their testimony. I am not going to repeat any-
thing that occurred at your former appearance before the committee.
Are you acquainted with a person by the name of Marjorie Owen?
Mr. Moore. I will decline to answer that question on the grounds
previously stated, relying upon the first and fifth amendments.
Mr. Tavenner. Marjorie Jean Owen testified that as a member of
the Financial Commission of the Communist Party she was instructed
to raise money from the membership of the Professional Club, located
in Portland. She met with that group, according to her testimony,
as a member of the group, Stanley Moore. Were you a member of
the Professional Club in Portland at the time she was endeavoring
to raise money from that group ?
72930—61 6
64 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
JNIr. Moore. The question does not specify the date, but I would
decline to answer it on the grounds previously stated, relying upon
the firet and fifth amendments.
You didn't say anything about this testimony as to Miss Owen or
Mrs. Owen as to the date.
Mr. Tavenner. No; I do not have the exact date. But on that
point, when did you state you were in Portland ?
Mr. MooRE. I was employed at Reed College and lived in Portland
from the years 1948 until 1953. I was on leave from lleed College,
still on the faculty, in the academic year 1953-54; so that I lived
in Portland from the fall of 1948 until the spring of 1953.
Mr. Tavenner. Mrs. Ow^en was asked this question :
Can you fix an approximate date, at the time you became a member of the
Financial Commission of tlie Communist Party in Portland V
And that was the occasion at which she was attempting to raise this
money. Her answer was :
Somewhere in 1949 or 1950.
Now, with that explanation, do you state that she was in error or
that she was correct in identifying you as a member of the Profes-
sional group of the Communist Party in Portland ?
Mr. MooRE. I refuse to answer that question on the ground previ-
ously stated, relying upon the first and fifth amendments.
My statement about the date was parenthetical. I was refusing to
answer the question, but pointed out it wasn't a very good question.
Mr. Tavenner. It was parenthetical, but I do not want to leave any
parenthetical questions unanswered.
On June 19, 1954, the committee received testimony from Robert
Wishart Canon, a resident of Portland, Oreg. Were you acquainted
with Mr. Canon while you lived in Portland ?
Mr. Moore. I decline to answer that question on the grounds previ-
ously stated, relying on the first and fifth amendments.
Mr. Tavenner. In the course of his testimony, Mr. Canon stated
that Dr. Stanley Moore joined the Professional Club of the Com-
munist Party in August or September 1948.
Was that statement true, or was it false ?
Mr. MooRE. I decline to ansAver that question on the grounds previ-
ously stated, relying upon the first and fifth amendments.
Mr. Tavenner. Have you been a member of the Communist Party
since you were before this committee on June 2, 1954 ?
Mr. MooRE. I am not now a member of the Communist Party.
Mr. Taa^nner. All right, sir. Now, will you answer my question,
please ?
Mr. Moore. And I have not been since appearing before the com-
mittee in June 1954.
Furthennore, I was not wlien I appeared before the committee in
June 1954.
Mr. Tavenner. Were you prior to that time a member of the Com-
mmiist Party ?
Let us put it this way: Didn't you join the Communist Party in
August or September 1948 — the Professional Club of the Communist
Party?
SUBVERSIVE ACTIVITIES CONTROL ACT OP 1950 65
Mr. Moore. I will decline to answer that question upon the
grounds previously stated, relying upon the first and fifth amend-
ments.
Mr. Tavenner. Were you a member of the Communist Party while
you were teaching at Reed College ?
Mr. Moore. I will decline to answer that question on the grounds
previously stated, relying upon the first and fifth amendments.
Mr. Tavenner. I have no further questions, Mr. Chairman.
Mr, Doyle. I think I have one.
Doctor, some of the rest of us wish we had the magnificent formal
education that you have had the benefit of. I noticed your more or
less voluntary statement a minute ago that you are not now a member
of the Communist Partyj and were not in June 1954, when you ap-
peared before this committee previously. Without drawing any in-
ferences on my part deliberately to try to hurt you or embarrass you,
I wonder if you could help us m our study of the Communist Party
as a subversive group, we believe very definitely. The indelible evi-
dence shows that, in our judgment. Could you give us the benefit of
any reason why, if you ever were a member of the Communist Party,
you discontinued the membership ?
In other words, a man with your education must have had some mo-
tive that caused you to desist from that association. I am not asking
for your political beliefs of any sort. I am asking you, as a man edu-
cated partly in California, where I was born, being very familiar with
the University of California in Berkeley : Have you any information
to give us, as the committee, in our effort to understand the Commu-
nist Party as a subversive agency in connection with our legislative
duties ?
I am not asking you to embarrass yourself at all, but is there any
help you can give us, any contribution you can make ? It may be that
some people will smile at that, but maybe it is not a silly question to
ask on my part, from an educated man like you.
Mr. Moore. Under other circumstances I would be interested in
talking about political questions and the issues that confront the world
at this time. Certainly I believe a question that asks for a discussion
in the spirit in which the Congressman's question was phrased ordi-
narily requires an answer. Under the present circumstances, under
oath before a committee of this kind, I shall respectfully decline to
answer the question upon the grounds previously stated.
Mr. Doyle. Well, thank you for giving your attention to it.
The Chairman. If there are no other questions, the witness is dis-
charged.
(At this point the witness was excused.)
The Chairman. Call the next witness.
Mr. Tavenner. Mr. Russell Nixon.
The Chairman. Will you raise your right hand ?
Do you swear to tell the truth, the whole truth, and nothing but the
truth, so help you God ?
Mr. Nixon. I do.
66 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
TESTIMONY OF RUSSELL ARTHUR NIXON
Mr. Tavenner. You are Mr. Kussell Nixon ?
Mr. NixoN". That's right.
Mr. Tavenner. Where do you reside ?
Mr. Nixon. Brooklyn, New York.
Mr. Tavenner. Wliat is your present occupation ?
Mr. Nixon. It is a matter of public record that I am the Washing-
ton representative of the United Electrical, Radio and Machine
Workers, UE, and have been for the last 20 years.
Mr. Tavenner. Yes. You were when you previously appeared
before this committee.
Mr. Nixon. Every time, yes, sir.
Mr. Tavenner. I hand you "Moore Exhibit No. 1," which lists the
names of persons who are members of the Awards Committee of The
Fund for Social Analysis. Please examine it and see whether or not
your name is listed as one of the members. (See pp. 61, 62.)
Mr. Nixon. I am not going to discuss The Fund for Social Analysis
in any way, shape, or form, with you, Mr. Tavenner.
Mr. Tavenner. Please answer the question.
Mr. Nixon. Was that not clear ?
Mr. Tavenner. No.
Mr. Nixon. I am not going to discuss or answer any question with
regard to The Fund for Social Analysis, in any way, shape, or form.
Mr. Tavenner. Not even if it relates to your membership in some
of the functions of that organization ; is that what you mean ?
Mr. Nixon. I tried to make my statement as categorical as I could.
I meant it that way.
Mr. ScHERER. Mr. Chairman, I ask that you direct the witness to
answer the question.
The Chairman. Repeat the question, Mr. Tavenner.
Mr. Tavenner. The question is whether or not his name appears on
this statement as a member of the Awards Committee of The Fund for
Social Analysis.
The Chairman. You are directed to answer that question, Mr.
Nixon.
Mr. Nixon. Mr. Walter, before tliis committee, I am not going to
answer any question regarding the subject of this inquiry. The Fund
for Social Analysis, nor will I answer any questions that I consider
to deal with my political views, political activities or political asso-
ciations.
And I take that position for several reasons, of which I would like
to tell you briefly :
In the first place, I would refuse to cooperate with this committee,
because with a growing number of American people, I believe that it
weakens the national security and the welfare of my country, because
it creates an atmosphere of conformity and fear. It destroys free
debate. It is hostile to the concepts of a democratic, open society,
which is our best national safeguard in the face of all the problems
that we confront. That is my first reason.
There are a great number of people who feel the same way I do.
If you permit me, I would like to put in the record a few evidences of
the broad opinion that supports this view on my part.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 67
The Chairman. I think the record in the Congress speaks for itself ;
so go ahead.
Mr. Nixon. You don't have the statement of the National Commit-
tee of the Young Democratic Clubs of America last year. I would
like to put that in the record.
The Chairman. I know all about that, too.
Ask your question, Mr. Tavenner.
Mr. Nixon. Well, wait a minute. I am not completed, at all. I
gave the first reason why I was refusing to answer, but I thought
perhaps you would let me put some of this corroborative material in
the record, since it is not in the record of this committee or any con-
gressional record that I know of. But I gather you are not going
to permit me to do that.
The Chairman. It is not relevant at all to the issues.
Mr. Nixon. All right. The second reason that I decline to answer
the questions as I have described them is that this particular hearing
is especially outrageous, because it is directed at a small group that has
no government connection whatsoever. It is engaged in private
research relationships. And what you are doing here is a clear attack
on the academic and scholarly freedom and freedom of inquiry in our
country.
There is no tax issue involved here, since there has never been any
question of application for tax exemption. There is no payroll.
There is no income in the tax sense, as I understand it. And I think
that this is a baseless and outrageous hearing, this one in particular.
Third, I think that there is no legitimate legislative purpose in this
hearing. I am not sure that you have jurisdiction over taxes. I
don't know whether the Ways and Means Committee has given that
up. I doubt it. And that is a third reason.
And in the fourth place, I would refuse to respond to the type of
questions I have described, because I think such questions and such
an inquiry violates the first amendment, the protections of freedom
that that involves, and I feel, as the four minority members of the
United States Supreme Court, including the Republican Chief Justice
and the other three members do, that inquiries of this sort are subver-
sive of American democracy. And for that reason I certainly decline
to answer.
Now, I decline to answer, also, finally, because of the protection that
is afforded me by the fifth amendment, in the Bill of Rights, which
extends to all citizens the privilege not to be a witness against himself.
I assert this privilege in view of the jeopardy which I believe con-
fronts me and every other unfriendly witness before this committee
when confronted by such questions.
I assert this privilege, because I fear for myself as well as others
the invasion of my liberty, threatened by the combination of the
repressive thought control legislation now in effect and the allegations
of perjurious witnesses.
And I utilize this valued and I believe very necessary constitutional
protection, emphasizing that it was written into our Bill of Rights
to protect persons, and that its invocation is not evidence of guilt or
crime or wrongdoing.
For all of these reasons, I decline to answer the question you have
just asked me.
68 SUBVERSIVE ACnVITIES CONTROL ACT OF 1950
And I will for the same reason refuse to answer other questions that
I deem to be of the same character.
I should like to say in conclusion that when and if you ask further
questions of this nature, and I say I decline for the reasons already
stated, I have reference to all of the reasons that I have just described
to you.
Mr. ScHERER. Now, Witness, are you still a member of the Com-
munist Party ?
Mr. Nixon. Did you hear my statement just now, Mr. Scherer ?
Mr. Scherer. Mr. Chairman, I ask that you direct the witness to
answer the question — whether he is still -a member of the party.
The Chairman. Answer the question.
Mr. Nixon. Well, the reason 1 ask whether you heard my statement
is because it is a categorical refusal to answer all such questions, and
there should be no question in your mind that I am going to answer
that question, and I refuse to answer it for all the reasons that I have
just described.
Mr. Tavenner. Were you a member of the Communist Party in
1958, the year of the publication of the Statement of the Awards
Committee ?
Mr. Nixon. You are wasting your time. I am not going to answer
your question.
Mr. Tavenner. Do you refuse to answer for the reasons that you
have assigned ?
Mr. Nixon. Every time I say I refuse to answer, it is for all of the
reasons that I just described.
Mr. Tavenner. It is noted that the address given of the office for
The Fund for Social Analysis is Room 2800, 165 Broadway. Have
you met with the officers of this association at that address?
Mr. Nixon, Don't you understand my— ^ — -
Mr. Tavenner. Don't you understand the question ?
The Chairman. Answer the question, Mr. Nixon.
Mr. Nixon. As I said before, I am not going to answer any ques-
tions regarding the Fund.
Mr. Ta\^nner. Then you refuse to answer. And I am going to
continue to ask the questions that you ought to be asked.
Mr. Nixon. Go right ahead.
Mr. Tavenner. And it is up to you to
Mr. Nixon. You understand what I said ?
Mr. Tavenner. I understand what you said, but I always live in
hopes that a person may change his mind, even you, Mr. Nixon.
Mr. Nixon. Same to you, Mr. Tavenner.
Mr. Tavenner. Did you play any part in this organization, The
Fund for Social Analysis?
Mr. Nixon. No answer.
Mr. Scherer. I ask that you direct the witness to answer.
The Chairman. You mean you refuse to answer for the reasons
stated ?
Mr. Nixon. Yes, sir. If I am directed, that is what I would say.
Mr. Tavenner. Did you knowingly participate in the making of
a grant to a member of the National Committee of the Communist
Party of the United States ?
Mr. Nixon. No answer, Mr. Tavenner.
The Chairman. You are directed to answer.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 69
Mr. Nixon. I decline to answer for the reasons that I described a
short time ago.
Mr. Tavenner. Do you know the source of the funds under which
this organization has operated ?
Mr. Nixon. No answer.
Mr. Tavenner. You made a statement a little while ago that there
was no application for tax exemption made by The Fund for Social
Analysis. Have they filed a tax return ?
Mr. Nixon. No answer.
The Chairman. You are directed to answer that question.
Mr. Nixon. I decline to answer.
Mr. Tavenner. I think you opened the door, there, for yourself,
Mr, Nixon.
Mr. NixoN. I discussed that only at the outset when I was telling
you of my reason for not answering the question, and I am declining
to answer the question on the grounds already stated.
Mr. Tavenner. How do you know the association has not made
any application for tax exemption?
Mr. Nixon. No answer, Mr. Tavenner.
The Chairman. You are directed to answer.
Mr. Nixon. I decline to answer on the grounds I have already
stated : all of them.
Mr. Tavenner. You spoke of the activities of certain youth organi-
zations. Were you referring to the New York Council To Abolish
The House Un-American Activities Committee in making that
reference ?
Mr. Nixon. No answer to your question.
Mr. Tavenner. What youth organization were you referring to?
Mr. Nixon. No answer to your question.
Mr. Tavenner. I ask for a direction, Mr. Chairman. He has
opened the door for that.
The Chairman. You are directed to answer that question.
Mr. Nixon. I decline to answer for all the reasons I have stated.
Mr. Tavenner. Did Mr. Magdoff, the president of The Fund for
Social Analysis, and yourself, appear before the New York Council
To Abolish The House Un-American Activities Committee and set up
a form of attack against this committee because of its making this
investigation ?
Mr. Nixon. No answer to you, Mr. Tavenner.
The Chairman. Mr. Tavenner, in view of the fact that there was a
large advertisement in one of the local newspapers this morning, I
suggest that you send a copy of this record to everybody, except the
known Communists, who signed that ad. I think they would be very
much interested in seeing who their associates are.
Mr. Tavenner. Yes, sir.
The Chairman. Proceed.
Mr. Tavenner. Have you received a United States passport re-
cently ?
Mr. Nixon. Yes, I have a passport. That is a matter of public
record.
Mr. Tavenner. Yes. And when did you receive it ?
Mr. Nixon. I don't have the date. You probably have it.
Mr. Tavenner. Was the application made in 1959 ?
Mr. Nixon. Is that what you read there ?
Mr. Tavenner. December 14, 1959.
70 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Mr. Nixon. I don't recall. You have the documents in front of you.
Mr. Tavenner. I thmk I gave you the correct date of it. Have you
traveled under that passport?
Mr. Nixon. No.
Mr. Tavenner. Was the passport granted you ?
Mr. Nixon. That question is redundant, but it is obvious that it was.
You have the record right there in front of you.
^ Mr. Tavenner. I have your passport application. I do see that it
IS stamped, that it was granted, yes.
I have referred to the appearance of President Magdoff and your-
self before the New York Council To Abolish The House Un-Ameri-
can Activities Committee. I would like to ask you now whether or not
you circularized a statement opposing this committee among the mem-
bership of the United Electrical, Radio and Machine Workers of
America. In fact, did you not send them the same statement that was
introduced as Rubinstein Exhibit No. 7, which is a document that I
will show to you? (See pp. 26-29.)
Mr. Nixon. I am not going to respond to that.
Mr. Tavenner. For the same reason ?
Mr. Nixon. For the same reason.
Mr. Tavenner. You had a considerable ax to grind, did you not
because of your association with the organization that was under in-
vestigation, when you urged the New York Council to oppose this
committee and this investigation ?
Mr. Nixon. Well, I guess I won't respond to that, either.
This "ax to grind" business— I don't know what that means.
Mr. Tavenner. Oh, yes, you do.
Mr. Nixon, I don't know what you mean by it.
]Mr. Tavenner. I have no further questions.
Mr. Doyle. I have one.
I am not going to ask you anything in connection with the Fund.
Iherefore I assume that you, as a national representative of many
thousands of American workingmen, to my knowledge, are naturally
desirous of helping your own Congress in its study of subversive
activities wherever they occur.
For the purpose of this question, I am eliminating the Fund. So
you won t have that objection already in your mouth to give to the
question.
As the leader of many thousands of electrical workmen in my
country and your country, have you ever had the experience of
persons known to you to be Communist members trying to infiltrate
your own labor union and take control of it ?
Mr. Nixon. Well, I am not going to discuss that with you, Mr
-Uoyle. I am here under subpena. I think there is room for dis-
cussion of this question. I have long wanted to have a public hearing
on this Un-American Activities Committee, and have urged it I
have never been able to get one.
Maybe if that were to happen, some of these matters could be dis-
cussed as a legislative matter. But I am not going to talk that over
with you here under subpena.
IMr. Doyle. You are a leader of thousands of American workers.
Mr. Nixon. I hope it is a frank answer. I am not going to discuss
it here with you under subpena.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 71
Mr. Doyle. I am giving you the chance to discuss it here with us,
for the benefit of your country, whether you have had that experience.
My impression is that you have. And I am surprised you do not
take the opportunity to tell the American public that you are opposed
to the Communist Party in labor unions. That surprises me.
The Chairjnian. The committee will recess for 5 minutes.
(At this point a short recess was taken.)
The Chairman. The committee will be in order.
Mr. Tavenner. Dr. Herbert Aptheker, will you come forward,
please ?
The Chairman. Will you raise your right hand ?
Do you swear that the testimony you are about to give will be the
truth, the whole truth, and notliing but the truth, so help you God ?
Mr. Aptheker. I do.
TESTIMONY OP HERBERT APTHEKER, ACCOMPANIED BY COUNSEL,
STANLEY FAULKNER
Mr. Tavenner. Will you state your name, please ?
Mr. Aptheker. Herbert Aptheker.
Mr. Tavenner. Will counsel accompanying the witness please
identify himself ?
Mr. Faulkner. Stanley Faulkner, 9 East 40th, New York 16, New
York.
Mr. Tavenner. When and where were you born, Mr. Aptheker?
Mr. Aptheker. I was born in 1915 in the city of Brooklyn, New
York.
Mr. Tavenner. The financial records of The Fund for Social An-
alysis indicate the payment of a thousand dollars to you as a grant
by that Fund. The committee has caused you to be served with a
subpena duces tecum to produce all the correspondence between your-
self and the Fund, including a copy of all the work products re-
sulting from the grants or awards made to you by The Fmid for Social
Analysis. I would like to call for the production of those docu-
ments now.
Mr. Aptheker. There is no correspondence in my own possession,
since I keep no copies of the letters that I write. I do have two items
which are the beginnings of prmted results of the research that I
have done in this field, which I have brought.
Mr. Tavenner. May we see the dates, please?
Mr. Aptheker. This is June 1960. This is February 1961. Other
things will be forthcoming very soon.
Mr. Tavenner. Your work has not been completed for which you
were given the grants. Is that it ?
Mr. Aptheker. That is correct.
Mr. Tavenner. Wliat was the nature of your correspondence with
the Fund, which led to the making of the grant ?
Mr. Aptheker. I simply, having learned about the Fund through
newspapers or some other public announcement, applied for a grant,
as I have applied in other cases, for example with the Guggenheim
Foundation. I was engaged in a history of the American people,
which I project in 12 volumes. At the time I wrote, volume 1 had
appeared. Volume 2 was in process, and has since appeared. And I
wrote and requested some financial assistance to help me complete the
72 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
production of this study, particularly the volume which will deal with
the Civil War in the United States. That is the nature of my
correspondence.
Mr. Tavenner. To whom did you address your letter?
Mr. Aptheker. I don't think that I addressed it to any person. I
addressed it to the Fund, to the best of my recollection.
Mr. Tavenner. Do you recall the address 'i
Mr. Aptheker. No, sir ; I do not.
Mr. Tavenner. Were you personally acquainted with members of
the Awards Committee ?
Mr. Aptheker. I would respectfully decline to answer that. Since
it involves freedom of association and speech in terms of the first
amendment and the fifth amendment, I think it best that I not answer
that. I do not wish to reply in terms of my association with other
people.
Mr. Tavenner. Were you a member of the National Conmiittee of
the Communist Party of the United States at the time you made
your application for the grant ?
Mr. Aptheker. On proper occasions I discuss my political ideas.
I do so proudly and at every opportunity.
Mr. Tavenner. I did not ask for political ideas. I asked for party
membership.
Mr. Aptheker. I don't see the distinction that you do ; and I am
not through with the answer to your question.
Mr. Tavenner. I beg your pardon.
Mr. Aptheker. I see no propriety or right in examining my poli-
tics or my religion or my private opinions. If it were not this kind
of a hearing, and somebody wanted to know what I think or what I
believe, I am more than anxious to oblige, and have taken every op-
portunity I could to do so.
Mr. Tavenner. I think I should ask for a direction.
The Chairman. Yes. You are directed to answer the question.
Mr. Aptheker. On the basis of the fii"st and the fifth amendments,
the Bill of Rights, I most certainly refuse to answer questions before
this body about my political affiliations, associations, or opinions.
Mr. Tavenner. Dr. Aptheker, were you interested in any active
way in the formation of The Fund for Social Analysis?
Mr. Aptheker. I was in no way interested in this, in no way in-
volved in it. No.
Mr. Tavenner. Will you tell us, please, what your educational back-
ground has been ?
Mr. Aptheker. I graduated from public school and high school in
my city. I received a Bachelor of Science degree in Columbia Uni-
versity, a Master of Arts degree in Columbia University, a Doctor of
Philosophy degree in Columbia University, and have intensively pur-
sued studies in history, science, and anthropology, up to the present
moment.
Mr. Tavenner. What has been your employment, say, for the past
10 years ?
Mr. Aptheker. Ten years — 1951 ?
Mr. Tavenner. Say, begmning in 1950.
Mr. Aptheker. I have been a historian, a writer of books and other
material. I have been a lecturer. I have been an editor. I suppose
that might be called my employment.
, "^ SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 73
Mr. Tavenner. \Vhat employment did you have during that period ?
I mean, by whom ? Were you a lecturer at a school ?
Mr. Aptheker. I frequently lectured at schools, yes. I was em-
ployed by New Century Publishers. That is the employer, in my
work as an editor.
Mr. Tavenner. Will you tell us a little more about the New Cen-
tury Publishers ? What type of an organization is it ?
Mr. Aptheker. I don't know what you mean by "What type of an
organization is it."
Mr. Tavenner. Well, what is it engaged in publishing ?
Mr. Aptheker. Books, magazines. It is a publishing house.
Mr. Tavenner. Well, will you name the publications which it is
engaged in publishing ?
Mr. Aptheker. Mainstream and Political Affairs.
Mr. Tavenner. What is your association with Political Affairs?
Are you its editor ?
Mr. Aptheker. I am.
Mr. Tavenner. How long have you been its editor ?
Mr. Aptheker. Oh, about 4 or 5 years. I am not able to be more
precise.
Mr. TA^^NNER. Will you tell the committee, please, how you ob-
tained or how you were appointed to the position of editor?
Mr. Aptheker. No, I will not tell the committee how I was ap-
pointed.
Mr. Tavenner. Was it because of the interest of the Communist
Party in your having that position ?
Mr. Aptheker. I will answer no questions about my political affilia-
tions or beliefs. You have in my opinion no right to ask me such a
question. I find it an indecent question.
Mr. Tavenner. I asked you whether or not you were employed at
the instance of the Communist Party of the United States. That was
my question. I did not ask you anything about your beliefs.
Mr. Aptheker. I cannot disassociate one from the other. You are
talking about a political party. That involves my beliefs.
Mr. Tavenner. I am not talking about a political party.
Mr. Aptheker. I think you are talking about a political party.
Mr. Tavenner. I am talking about the Communist Party of the
United States, which is not a political party.
Mr. Aptheker. Our opinions differ strenuously.
Mr. Tavenner. Well, were you employed by the Communist Party
of the United States ?
Mr. Aptheker. I will answer no questions about political affiliation
or association whatsoever. I have already told you how I was em-
ployed and who employed me.
Mr. Tavenner. Were you employed at the instance of the Commu-
nist Party of the United States as editor of Political Affairs ?
Mr. Aptheker. The question has been asked once and answered
once. I don't see why we should do it twice.
Mr. Tavenner. May I have a direction that he answer the question ?
The Chairman. You are directed to answer the question.
Mr. Aptheker. On the basis of the first and fifth amendments, I
will not answer that question.
Mr. Tavenner. I have before me what appears to be a copy of the
resolution adopted by the National Committee of the Communist
74 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Party, wliicli indicates that it approved appointments of Herbert
Aptheker as editor of Political Affairs and Dr. Albert Blumberg as
legislative director.
1 ask you to look at it and state whether or not that is correct.
Mr. Aptiieker. What is this piece of paper?
Mr. Tavenner. It is taken from the Daily Worker, which is pub-
lished by your employer.
Mr. Aptheker. Your information about me is extraordinary. I
have already told you who my employer was, and you keep saying I
have another employer. I assure you that I testified under oath
who my employer was. Do not, therefore, put words in my mouth,
please.
Now, I have read this statement, and this statement says what you
say it says.
Mr. Tavenner. Well, is it true?
Mr. Aptheker. I refuse to answer that question on the grounds
of the first and fifth amendments to the Constitution.
(Document marked "Aptheker Exliibit No. 1" follows:)
Aptheker Exhibit No. 1
[Daily Worker, New York, Aug. 2, 1957, p. 3]
CP Backs Campaign To End A-Bomb Tests
Support of efforts to end A-bomb tests and atomic warfare and a concerted ef-
fort to re-build the Communist Party at all levels were the chief features of a
two-day quarterly meeting of the Communist Party's national committee, it was
announced yesterday at the organizations headquarters.
The meeting, held here July 27, 28, brought together 49 of the 64-member
committee and twenty visitors.
A report by Eugene Dennis, party national affairs secretary, on the world-
wide movement to ban the A-bomb tests was adopted unanimously. The report
and discussion indicated that wide nonpartisan activity against the tests,
reflecting popular fear of radioactive fallout, was under way in a number of
areas.
Sid Stein, secretary of organization, outlined a program aimed at "reconstruct-
ing the very foundations of our movement." The report developed ideas on
reestablishing party organizations and re-winning to party ranlis those who left
or because passive in the recent past.
"Reconstruction is urgent," Stein said, "so that the party can make its maxi-
mum contribution to the fight for peace, full equality for the Negro people, civil
liberties and the many-sided struggles of the labor movement.
The discussion, ranging over many aspects of party policy, indicated support
of the report and the basic decisions of the IGth national convention of the
party. The report was adopted and will be published.
The national committee greeted the release from Smith Act sentences of Eliza-
beth Gurley Flynn, Robert Thompson, Pettis Perry, Alexander Bittleman and
Louis Weinstock, who were present, as well as V. J. Jerome and Arnold Johnson,
who were on vacation. Speakers urged intensified efforts to win amnesty for
Henry Winston, Gil Green and Irving Potash, national party leaders still
imprisoned.
In other actions, the meeting voted to :
Submit to the membership a four-month plan of work based on the organiza-
tional report.
Approve a report of its committee on publications dealing with recommenda-
tions to improve the content of publications towards furthering the reflection of
policies adopted by the 16th national convention.
Approve a report of its appeals committee.
Approve the action of the National Executive Committee in not electing gen-
eral officers and in naming a collective leadership of nine secretaries, seven of
whom comprise the party's Administrative Committee. These are : Eugene Den-
nis, national affairs; Sid Stein, organization; Benjamin J. Davis, Negro affairs;
James Jackson, Southern affairs ; Hy Lumer, education and publications ; Fred
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 75
M. Fine, Labor affairs; John Gates, public affairs; Earl Durham, youth work,
and Carl Ross, farm work. The latter two are not included in the Administrative
Committee because of geographical consideration.
Approve appointments by the National Education Committee of Herbert
Aptheker as editor of Political Affairs, and Dr. Albert Blumberg as legislative
director.
Mr. Tavenner. According to the investigation made by the staff,
The Fund for Social Analysis was established somewhere aromid Jan-
uary 1958, Prior to that time, did you discuss its creation with any
of the individuals who became its officers ?
Mr. Aptheker. I did not.
Mr. Tavenner. In the September 1958 issue of Political Affairs,
there appears a discussion under the title, "Opening of the Discussion
in Preparation of a Basic Program : The American Koad to Social-
ism." This article emphasized the need for the creation of Marxist
writings and Marxist discussion groups throughout the United States.
You are familiar with that article, are you not? That was in 1958.
Mr. Aptheker. I see nothing in this remotely close to what you
stated was in it.
Mr. Tavenner. I read to you the title of the document.
Mr. Aptheker. You did more than that, sir.
Mr. Tavenner. And I said that it emphasized the need for the
creation of Marxist writings.
Mr, Aptheker. And study groups.
Mr. Tavenner. And study groups.
Doesn't it assert the need for Marxist writings ?
Mr. Aptheker. Let me have it again. I couldn't find it. Do you
want to mark it, so that I will find it quickly ?
Mr. Tavenner. I will have to get the second page of it. Well,
during this period or, rather, following this period, you were director
of what is known as The New York School for Marxist Studies ?
(The witness conferred with his counsel.)
Mr. Aptheker. On the basis of the first and fifth amendments I de-
cline to reply to that question.
Mr. Tavenner. Was there a relationship between The New York
School for Marxist Studies and The Fund for Social Analysis ?
Mr. Aptheker. I have already testified that I had no part in the
establishment of the Fund. Further than that, when you inquire with
the school, I have already on the basis of the first and fifth amend-
ments declined to reply,
Mr. Tavenner. You declined to answer whether or not you were
director of The New York School for Marxist Studies.
I desire to offer in evidence a leaflet entitled "The New York School
for Marxist Studies, Dr. Herbert Aptheker, Director, Fall Term
Oct,-Nov, 1960," and ask that it be marked "Aptheker Exhibit No, 2."
I hand it to the witness and ask him if he still refuses to answer the
question as to whether he was director.
Mr. Aptheker. I have refused to answer the question under the
basis of the first and the fifth amendments, and because of the noto-
riety of this committee, which has led even the New York Times to
urge its abolition. I will be no party to its witch-hunting processes.
Mr. Tavenner. May the document be received in evidence ?
The Chairman. Make it a part of the record.
76 SUBVERSIVE Ae^MVt'TlES CONTROL ACT OF 1950
(Document marked "Aptheker Exhibit No. 2" follows:)
Apthekeir Exhibit No. 2
Dr. Herbert Aptheker, Directv
The New York School
for
MARXIST STUDIES
♦
853 Broadway, N. Y. 3
(At 14th St)
Room 1922
(GR s-iseo)
9-^
FALL TERM OCT. -NOV., 1960
Registration Oct. 14 througjk Oct. 21
GENERAL INFORMATION
The SCHOOL is located at Academy HaH 853 Broadway, near 14th Street Its offices are In Room 1922-23; and its classes are taught
in various rooms in this building. The Fall Term, 1960, starts Monday, October 17, and continues for six sessions through November
21. SCOPE classes start Friday, October 14 and continue on for six sessions until November 25.
REGISTRATION starts Friday, October 7 and continues thrmigh Monday, October 17, on week-days, from 4 to 8:30 pjn.
FEES are $5 for regular courses {1% hrs per session) and $6 for seminars (2 hours per session). Scope classes on Fridays $4.
Fees are payable in full at registration; wnere this entails hardship, half payment will be accepted at registration with full pay-
ment to be completed not later than the third session of the class.
SCHOLARSHIPS are offered, both partial and complete. Inquire at the office about Ais.
BOOKS for an classes will b« on sale at the SCHOOL OFFICE (Room 1922).
EXTENSION CLASSES : Where 8 people or more wish to attend a class but have difficulty in coming to the central school
extension classes, taught by memben of the SCHOOL faculty will be organized. The fees for such classes will be the same as at the
SCHOOL itself, plus the instructor's fare. Arrangements for such classes may be made at the OFFICE.
Special LECTURES, FORUMS, and CONFERENCES will be sponsored by the SCHOOL from time to time on questions of special interert
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
77
REGULAR CLASSES
All held on MONDAYS, starting October 17, 1960,
concluding November 21, 1960
6:30^:00 p.m.
THE CIVIL WAR IN THE UNITED STATES
Dr. Herbert Aftheker
Ceared to the War's Centennial, this course will analyze
the Causes, Conduct and Consequences of the Civil War.
It will deal wi& the roots of the conflict, class structure
and struggles. North and South, the diplomacy of the
conflict, ffie Negro people's role in it, the socio-economic
and political results of it Careful attention will be given
to the differing interpretations of the War now current.
6:30-8:00 p.m.
THE PHILOSOPHY OF ART
Sidney Finkelstein
Examination of the nature of art and the principles of its
change and growth; its connection to society and pohtics.
Special attention to clarifying the modem and avante earde
movements. Analysis mainly of painting, poetry, and the
novel
6:30-8:00 p.m.
ISRAEL AND THE MODERN WORLD
Jonah Gluoc
The history of Israel, its present condition and class struc-
ture. Position of Israel In relation to its immediate neigh-
bors and its posture in International affairs. Special atten-
tion to nature of Zionism and of various U.S. organizations
with particular interests in Israel.
6:30-8:00 p.m.
AN INTRODUCTION TO MARXISM
Henry Klein
What is Marxism? What are Classes? Class Struggle?
Capitalism? Socialism? Dialectical Materialism? "Human
Nature" and Socialism. War and Imperialism. Socialism
and Progress.
8:30-10:00 p.m.
CURRENT PROBLEMS IN MARXIST THEORY
Dr. Herbert Aptheker
The following questions will be examined: What is Free-
dom? What is me Nature of Revolution? Problems of the
State and of political power; The Source, role and con-
sequence of Rebgion; Is Democracy possible? What is
relationship between struggle for Sociahsm and for Peace?
The Nature and Role of Nationalism.
8:30-10:00 p.m.
THE CUBAN REVOLUTION Jesus Colon
The History of Cuba, with special attention to U.S. con-
nection therewith. Analysis of events leading to Castro
triumph; nature of the Revolution be leads; agrarian and
industrial programs; class forces Involved; impact upon
rest of Latin-America; relationship to Socialist world.
8:30-10:00 p.m.
THE ECONOMICS OF U.S. CAPITALISM
TODAY Dr. Hyman Lumeh
Class structure in U.S. today. Truth about "People's Cap-
italism"; Is the economic cycle a thing of the past? Facts
on monopolization and militarization of economy. Problems
of automation; disarmament and the economy; an eco-
nomic program for the U.S. today.
8:30-10:00 P.M.
TTIE NEW NA'nONS OF AFRICA AND
THE END OF COLONIALISM
William L. Patterson and guests
History of Africa, and of formation of newly-independent
States on that Continent. Class structures, parties, organiza-
tions, leaders in the New A&ica. Role in international
affairs; impact upon imperialism; meaning for the world
today; role of U.N. in liberation of African peoples.
SEMINARS
TUESDAY: (begins Oct. 18) 7:30-9:30:
READINGS IN MARXISM Samuel D'Long
Three brief Marxist classics will be read and collectively
analyzed: The Communist Manifesto; Wage Labor and
Capital; Socialism: Scientific and Utopian. Informal, round-
table discussion with full student participation.
WEDNESDAY (begins Oct. 19) 7:30-9:30
MARXIST WRITINGS ON ART
Sidney Finkelstein
Collective analysis of the writings on art by Marx, Engels,
Plekhanov, Lenin. Careful reading assignments; full stu-
dent participation.
TOURSDAY: (begins Oct. 20) 7:30-9:30
ROLE OF THE MODERN STATE IN THE U.S.
James S. Allen
Meaning of state intervention in economy; different forms
of state economic activities; meaning of state capitalism;
meaning of state monopoly capitalism; fonns of national-
ization; evolution of state monopoly capitalism iii the
United States; political and world consequences of such
development
78
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
SCOPE CLASSES
All held on FRIDAYS starting October 14, 1960,
concluding November 25, 1960
7:00-8:30 P.M.
INTRODUCTION TO MARXISM
TO BE ANNOUNCED
A class for teenagers which will familiarize the student
with Marxist concepts in philosophy, history and eco-
nomics. Among the many subjects to be discussed will be:
Ethics and Morals in a Class Society— Relationship to
School, Family and Friends— Major Issues of Peace and
Desegregation. An invaluable class for teenagers interested
in beginning their study of Marxism.
7:00-8:30 P.M.
ANALYSIS OF SCIENTIFIC SOCIALISM
Betty Gannett
An analysis of Marxist theory in history and economics,
with discussions on practical appUcations in both socialist
and capitalist societies. Among the key points covered
will be: Historical Materialism, Class Struggle and The
State, Labor Theory of Value, Theory of Surplus Value,
Capitalist and Socialist societies. This course offers a sohd
background for students interested in the theory and prac-
tice of Marxism.
7:00-8:30 p.m.
HISTORY OF THE NEGRO PEOPLE'S
STRUGGLE IN THE U.S. Dr. Herbert Apthekeb
Deals with the historical and present day fight for social,
political and economic equahty of the Negro people. Topics
for discussion to include: material roots of prejudice—
the class nature of the forces of oppression of the Negro
people— social mores, customs and Historical development.
Also emphasized will be the gains and victories of the
Negro people, their resistance and mass protest ranging
from early slave revolts to today's sit-ins.
7:00-8:30 P.M.
MARXIST ANALYSIS OF PRE-MARXIST
PHILOSOPHY Dr. Howard Selsam
A survey of philosophy, presenting major ideas of philoso-
phy and their development in the changing course of
niunan history serving as a prerequisite for Imowledge of
Marxist philosophy. To include: Bacon— Prophet of the
New Science; Hobbes— Bodies in Motion; Locke to Hume
—Empiricism; Descartes— Mind and the World Machine;
Spinoza— Human Bondage and Freedom; Diderot, Helve-
tius— Materialism as a Weapon; Kant— Philosophical Re-
volution and Restoration; Hegel— Dialectics. Invaluable
study for those students having some background in
Marxism.
9:00-10:30 p.m.
MARXIST APPROACH TO PSYCHOLOGY
Joseph Lane
Designed to acquaint the student with materialist concepts
of and a scientific approach to psychology. Discussions
will be centered around function of the higher nervous
system, consciousness, perception of physical phenomena,
ideas and how they are conceived. Current questions of
psychoanalysis, hypnotism and latest methods of mental
therapy will also be touched upon. A new and stimulating
course for any SCOPE student
9:00-10:30 p.m.
HISTORICAL MATERLU.IST APPROACH
TO AMERICAN HISTORY to be announced
An explanation of Historical Materialism followed by study
and analysis of historical landmarks in American History
from colonial times to the Civil War. The course will
cover the struggle of the American colonies against British
colonialism. Declaration of Independence, the Constitution,
clais structure of early America and its relationship to
industrialization, slavery, trade unions and farm move-
ments ending with the second American revolution, the
Civil War. An invaluable supplement lo high school and
college American History courses.
9:00-10:30 p.m.
AN ECONOMIC ANALYSIS OF MODERN
AMERICAN CAPITALISM Victor Perlo
A course with lectures and discussions designed to explain
and probe into the structure of American Capitalism and
its monopolistic practices. World Markets and Imperialism
and their relationship to our economy, as well as Peo-
ples' Capitalism and the Welfare State will be among
the many topics discussed.
9:00-10:30 P.M.
HISTORY OF AMERICAN RADICAL
MOVEMENTS William Albertson
The history of the various American radical movements
and parties and their role and relationship to our country's
history. The ideology of Socialist and Communist parties
will be examined and thoroughly discussed. Their present
policies and programs will be critically reviewed in light
of current national and international events.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0 79
WHAT IS THE N.Y. SCHOOL FOR MARXIST STUDIES?
It Is a newly-organized school seeking to continue the long and fauitful history of progressive education In New Yoric City. Its aim is to
o£Fer a scientific approach to the ceaml problems fadng out nation.
The era in which we live has been characterized as the Age of Anxiety, of Conformity, of Cynicism; such tides reflect the growing
intellectual and moral dissatisfaction in our country. President Eisenhower's answer has been the appointment of a Committee on
National Purpose, which is charged widi discovering one, if possible. Our answer is a renewed determination to teach and study Marxism,
which, we think, offers valid answers.
WHAT SUBJECTS ARE TAUGHT?
The SCHOOL offers courses in economics, politics, histcry, philosophy, psychology, literature, music, and other arts.
WHO MAY ATTEND; WHO ARE THE TEACHERS?
Any one may attend. The SCHOOL welcome everyone, regardless of previous education, of nationality, color, creed, cr political belief.
The teachers are men and women of considerable experience as teachers and In the labor and progressive movements of onr nation.
They believe that Marxism is the most enUghtening philosophy available for comprehending the world In which we live.
WHO FINANCES THE SCHOOL?
The students, through their course fees, are &e largest source of InconeL Clxptnditures are kept to an absolute mlnhniim Even lo, boweva,
the SCHOOL cannot exist on the basis of tuition fees alone; hence we shall attempt a continual program of money-raising through affairs,
donations, and other aid undertaken by our students and friends.
WHAT IS SCOPE?
SCOPE— meaning Student Committee on Progressive Education— Is an organization of young people, established by and run by them,
seeldne instruction in matters of Interest to them from Marxist teachers. It has been In existence for several years and been quite suc-
cessful. It has chosen to become an organic part of the SCHOOL) while retaining full autonomy as to its own curriculum. It participates
in the conducting of the SCHOOL as a whole, and simultaaeoasly has full responsibility for its own particular program geared especially
for students and working youth.
72930—61-
80 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
Mr. Tavenner. How large is that school? Will you answer that?
Mr. Aptheker. I think you know that I will not
Mr. Taatenner. I thought that you might not.
Mr. Aptheker. Therefore, I will reply no; I will not answer that
on the basis of the first and fiftli amendments.
Mr. Tavenner. The leaflet that I handed you, The New York
School for Marxist Studies, refers to "SCOPE Classes" being held,
and then on another page it refers to "Regular Classes."
Will you tell the committee, please, the distinction between the two
types of classes ?
Mr. Aptheker. Mr. Tavenner, privately with you or any other
citizen of the United States I would be very happy to discuss this
and other questions, but I guess I am dull, I fail to see the pertinence
of this with what was supposed to have brought me here, and I have
already indicated that I will not answer questions related to that
school on the basis of the Bill of Rights.
Mr. Tavenner. Will you tell the committee, please, what the rela-
tionship of SCOPE Classes is to the Communist Party of the United
States, if any ?
Mr. Aptheker. I again state that the pertinence of that question to
this inquiry escapes me, and I affirm again that on the basis of the
first and fifth amendments I will not reply to that question.
Mr. Tavenner. Now I have before me an issue of Political Affairs
under date of June 1959. In it there is an article by Hyman Lumer,
entitled "On Party Youth Work," ^ and on page 8 of it there appears
this statement:
A number of non-Party Marxist youth groups have sprung up, chiefly on col-
lege campuses. These, usually loose-knit and informal in character, have been
devoted principally to discussion and education. An outstanding instance is
the Student Committee on Progressive Education (SCOPE) in New Yorl<,
which has organized Marxist classes enrolling over 100 students at a time.
Now, will you tell us whether or not the SCOPE Classes referred
to in The New York School for Marxist Studies are identical to the
type of SCOPE Classes referred to by Hyman Lumer in that article ?
Mr. Faulkner. Mr. Chairman, may I with all due respect address
you on this ?
The subpena served upon Dr. Aptheker calls for an investigation,
presumably of a fund. This interrogation goes far afield from any-
thing that this committee has set out to investigate. I feel that it
is wholly out of order, and I call upon you as chairman to direct Mr.
Tavenner that this questioning is far afield from the purpose that
this committee is sitting here for today.
If the committee wants to call Dr. Aptheker back on another day
to question him on such things as Mr. Tavenner is questioning, pur-
suant to a subpena, he will respect the subpena and appear, but I
think there should be some respect to the members of this committee
that Mr. Tavenner should show.
This committee was called together to interrogate with respect
to a fund, and not a dozen or so publications and many extraneous
features of possible activity and writings of this witness.
The Chahiman. Well, this is a close question, but I think that it
is germane. I direct the witness to answer the question.
1 The complete article entitled "On Party Youth Work," marked "Aptheker Exhibit No.
3' for identification purposes, appears on pp. 84-91.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1960 81
Mr. Aptheker. I do not, Mr. Chairman, see how it is germane. I
wish that I did. But I do not. On the grounds of its not being
germane or pertinent, and on the rights in the Bill of Rights, I de-
cline to reply. I am wondering, since Mr. Tavenner was so con-
cerned about the grant to this awful Dr. Aptheker, and asked other
witnesses about my alleged qualifications for a scholarly grant, when
he might get to that, and whether he thinks that that is pertinent
to this.
The Chairman. Now will you answer the question ?
Mr. Aptheker. I have answered the question, sir.
The Chairman. You forgot to invoke the fifth amendment.
Mr. Aptheker. I don't think that I did.
Mr. Faulkner. May we have the question repeated ?
Mr. Willis. He invoked all of the protections under the Bill of
Rights.
Tlie Chairman. All right,
Mr. Tavenner. Dr. Aptheker, I didn't intend by the questioning
of those witnesses to indicate that you were not qualified scholas-
tically. I have been endeavoring to find out from you other quali-
fications that you possess such as your membership on the National
Committee of the Communist Party. So in the light of your answer,
I will ask you that question again : Were you a member of the Na-
tional Committee of the Communist Party at the time that this grant
was made to you ?
Mr. Aptheker. It was already testified here under oath by several
witnesses that there were not such qualifications for a grant. There-
fore, political affiliation, it was testified here, without any contrary
evidence, had nothing to do with qualifications for the grant.
Furthermore, now that you again ask the same question, I decline
to answer it for the reasons that I have at least seven times hitherto
stated.
Mr. Tavenner. Is The New York School for Marxist Studies the
successor to the Faculty of Social Science ?
Mr. Aptheker. I will answer no questions of that nature concern-
ing schools, and I wasn't called here for that purpose, according to
the subpena. It is irrelevant, it seems to me, and on the basis of
my rights in the Bill of Rights, I will make no reply to this irrelevant
question.
Mr. Willis. Mr. Chairman, at this point I call attention to the
implication of the Bill of Rights. I think that is really too broad,
and I think that you should specify specific provisions of the Bill of
Rights.
Mr. Aptheker. I would be happy to specify specific provisions, and
I refer specifically to the first and the fifth amendments which con-
stitute basic components of the Bill of Rights, as I am sure that Mr.
Willis knows.
The Chairman. Will you go ahead, Mr. Tavenner?
Mr. Tavenner. Actually, Dr. Aptheker, I have asked one or more
witnesses whether or not the activities of The Fund for Social Analysis
was not a continuation of the same type of activity in which the Jeffer-
son School of Social Science was engaged, and the Faculty of Social
Science. They refused to answer the question. That is why it is per-
tinent here now to inquire from you, whether or not you were associ-
82 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
ated with those groups, and whether or not you know that there was
a relationship in the objectives of the two.
So again, naving made that explanation, I would like to ask you
whether or not you were connected with the Jefferson School of Social
Science?
Mr. Aptheker. I have already stated that I was in no way con-
nected with the organization of the Fund, which is what we are sup-
posed to be inquiring about. Since I was in no way associated with
the Fund and that is the purpose of this inquiry, what possible differ-
ence can it make as to whether I was associated with this school or
that school or with this club or that club or this church or that church ?
I respectfully, therefore, decline to answer the question again as
being in my opinion irrelevant, and I invoke again the first and the
fifth amendments to the Constitution.
Mr. Tavenner. Were you connected with the Faculty of Social Sci-
ence as a teacher ?
Mr. Aptheker. I have already answered that question and I will
again, by saying that it is irrelevant and on the basis of the first and
fifth amendments I will not cover myself with shame by answering it.
The Chairman. You don't mean by answering it, you mean by ad-
mitting it, do you not ?
Mr. Aptheker. No, sir ; if I meant admitting it, I would have said
that.
TheCHAmMAN. Go ahead.
Mr. Tavenner. Were you a director of the Faculty of Social Sci-
ence?
Mr. Aptheker. My answer is the same, and is it necessary for me
to repeat the entire phraseology ?
Mr. Tavenner. No, it is not ; if you say "on the same grounds," I
think that the chairman will accept that.
Mr. Aptheker. Thank you.
Mr. Tavenner. Do you refuse on the same grounds ?
Mr. Aptheker. Yes, sir ; I do.
Mr. Tavenner. I offer in evidence a document entitled "Loft Lease,"
and it bears at the end of it the signature of Herbert Aptheker, for the
Faculty of Social Science. I desire to hand you that document. I
offer it in evidence and I ask that it be marked "Aptheker Exliibit
No. 4."
Will you examine it and state whether or not that is a copy of the
lease for the quarters of the school, the Faculty of Social Science?
Mr. Aptheker. I see no relevance to this to today's inquiry and
my subpena, and therefore, and also on the basis of the first and
fifth amendments, I decline to reply to your question.
(Document marked "Aptheker Exliibit No. 4" and retained in com-
mittee files.)
Mr. Tavenner. Was the Faculty of Social Science found by the
Subversive Activities Control Board to be a Communist-controlled
school ?
(The witness conferred with his counsel.)
Mr. Tavenner. I meant the Jefferson School of Social Science.
SUBVERSIVE ACTIVTTIES CONTROL ACT OF 1950 83
Mr. Apthekek. On the grounds already stated, I refuse to reply
to questions about schools.
Mr. Tavenner. When were you last granted a passport ?
Mr. Aptheker. I am not absolutely sure of the date, but it was
quite recently.
Mr. Tavenner. I believe there was one issued to you on December
10, 1958.
Mr. Aptheker. Well, I think that there was one granted more
recently than that, sir.
Mr. Tavenner. Did you travel on the passport that was granted you
in December of 1958 ?
(The witness conferred with his counsel.)
Mr. Aptheker. Really, on the grounds of what relevancy this has to
do with the inquiry, on that basis I decline to pursue this kind of
discussion, and decline to answer on the grounds of irrelevancy and
the first and fifth amendments to the Constitution.
Mr. Tavenner. Did you meet with any officials of the Communist
Party while you were engaged in travel imder this passport ?
(The witness conferred with his counsel.)
Mr. Aptheker. I decline to answer on the same grounds just
stated.
Mr. Tavenner. It is noted that there are three questions on the
passport application, all of which were unanswered, relating to your
present, or then present, membership in the Communist Party and
your past membership.
Why did you refuse to answer those questions ?
Mr. Aptheker. I decline to reply to that. You observe that the
passport was granted.
(Document marked "Aptheker Exhibit No. 5" and retained in
committee files.)
Mr. Tavenner. I have no further questions, Mr. Chairman.
Mr. Aptheker. May I ask something here ?
Do I imderstand from this, that when you were asking Dr. Moore
and Mr. Magdoff what I thought was some sort of biting inference
about the qualifications of Dr. Aptheker for the scholarly grant, that
you had no biting inferences, and that you admit to the scholarly rea-
sons for making such a grant to me ?
The Chairman. All we admit is that the grant was made to you
by a committee, and that is all we admit.
Mr. Aptheker. Why is it, sir, that you haven't asked me about
scholarly requirements?
The Chairman. We are.
Mr. Aptheker. Is that not why I was subpenaed ?
The Chairman. Is there anything further, Mr. Tavenner ?
Mr. Tavenner. No, sir.
Mr. Aptheker. I brought my books and writings, and there is ap-
parently no interest in what somebody writes.
The Chairman. The committee stands adjourned.
(Whereupon, at 3 :45 p.m., Wednesday, May 31, 1961, the committee
was recessed, subject to call.)
84 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
Apthekkb Exhibit No. 3
[Vol. XXXVIII, No. 6, June, 1959. Political Affairs— A Theoretical and Political
Magazine of Scientific Socialism.. Editor: Herbert Aptheker]
On Pabty Youth Wokk*
By Hyman Lumer
lu the momeutous struggle for peace, democracy and social progress taking
place today, the youth of our country occupy a uniquely important position.
Hence they are a vital element of the mass base of any working-class or
socialist organization, not least of the Communist Party. The Party cannot
wage successfully the fight for progress and socialism without striving to win
a solid base among the youth, and without a continual influx of young people
into its ranks.
The dissolution of the Labor Youth League and the subsequent abandonment
of attention to youth work were among the worst consequences of the crisis
through which the Party has just passed. For a considerable period of time,
there has been a virtually complete void in this field of activity — a void which
is only now beginning to be filled. For this serious lag, the Party leadership
at all levels must accept full responsibility.
Today there are mounting indications of a revival of the mass youth move-
ment, and with this of a growing interest of young people in progressive and
Communist vievt's, as well as in the lands of socialism. Accompanying these
developments, there has been a growth of mass activity among Party youth,
and a growing interest in and movement towards the re-establishment of a
Marxist youth organization. Much of the discussion on youth organization,
however, has been unrelated to current mass struggles and developments in
the mass youth movement, and therefore has tended to be rather abstract. This
is indicative of the continued isolation of the bulk of the youth in and around
the Party from most of these experiences.
What is required at this jpoint is an examination of the status of the youth
movement and of youth work generally, and the working out of a Party policy
and program in this field. The specific problems of youth organization need to be
viewed in relation to this over-all picture. This report undertakes to deal with
these questions. It is, however, in no sense exhaustive or final ; in particular, it
makes no effort to present the kind of detailed study and analysis of attitudes,
activities and trends among American youth which a full examination of youth
work requires. This still remains to be done.
PEOBLEMS OF YOUTH
It is necessary, in the first place, to consider the specific nature of the problems
of youth today. For, even though in a capitalist society these remain basically
the same, they have undergone a number of significant changes since the thirties
and the days of World War II. Here we can only touch on some of them.
For one thing, there has been a considerable rise in the proportion of youth
attending school beyond the age of 16. From 1920 to 1950, the proportion of 16
year-old youth in school rose from 51% to 81%, of 17 year-olds from 35% to 68%,
of 18 year-olds from 22% to 40%, and of 20 year-olds from 8% to 18%. Since
1950, there has been a further marked increase. This means that student youth
today comprise a much larger part of the total youth population than they did
20 or 30 years ago, and that their problems assume correspondingly greater
weight in the total picture.
At the same time, a large part of the teen-age youth, both in and out of school,
are employed or seeking work, whether full-time or part-time. In October,
1956, for example, some 2i/4 million in the 14-17 year age group had jobs — one-
fourth of the total population in this age range. The main reason for their
working is poverty. About 9l^ million children in 1955 came from families
whose cash income was less than $40 a week, 2i/^ million of them from families
with a cash income below $10 a week. Some 700,000 were employed in agricul-
ture, many along with their parents as migrant farm laborers.
This economic situation has not improved within the past few years. If there
should be less teen-age youngsters employed today, it is not because their need is
less but because there are less jobs. Indeed, it is the youth who have been
♦This article is based upon a Report presented to the National Committee, CPUSA, on
April 26, 1959. The Report, and its proposals, were adopted unanimously. — Ed.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 85
hardest hit by the recent growth of unemployment. In the 147-17 year age
group, the rate of joblessness in February, 1959 was 15% and that in the 18-24
year age group 14% as against a national average of 7%. In the distressed
areas — in cities like Detroit, Buffalo, Pittsburgh and many others, where chronic
unemployment is rampant — the rate among young people is far higher than in
the nation as a whole. For in these areas, because of seniority provisions in
union contracts, it is only the older workers with many years of seniority who
can count on having work.
In the under-20 age groups, the rate of joblessness remains much above average
even in periods of peak employment. Here, among other things, there exist
major problems of inadequate or perverted vocational guidance and job place-
ment facilities, as well as the absence of suitable measures for helping to as-
sure employment in decent jobs for young people entering the labor market.
Among Negro workers, the rate of unemployment as given by the official
figures is more than double that among white workers. In many of the larger
industrial centers, it ranges as high as 20-25%. Hence among Negro youth, if
the age-group ratios characteristic of the nation as a whole are valid, unemploy-
ment ranges from about 30% to as much as 50%. This is truly a problem of
alarming proportions — and a much neglected problem on our part.
Today, the problem of jobs is once more coming to the fore among American
youth. Not only among Negro youth, but in the distressed areas among youth
generally, the problem is already acute. And the effects of unemployment are
more severe today than in periods like the thirties, for their has taken place a
lowering of the average age of marriage, and in the present period many more
young adults are married people with families and with economic problems ap-
proximately those of adults rather than of youth. In addition, large sections
of the unemployed youth, entering the labor market for the first time, are
totally ineligible for unemployment compensation.
Another serious problem is the deepening crisis in education. To be sure, a
very critical situation developed during the depression of the thirties, but
what is particularly noteworthy about the crisis today is its growth during a
period of relative prosperity. In this respect, it offers a striking testimonial to
the inability of modern American capitalism, which can "afford" not only some
40-odd billions for armaments but clamors for still more, to provide an educational
system at all adequate for the needs of our youth.
There exists today, says Senator James E. Murray of Montana, a shortage
of 140,000 classrooms and 135,000 teachers. The shortage is growing, not shrink-
ing, while Federal aid to education kicks around in Congress year after year
and gets nowhere. And in our colleges and universities, tuition fees, already
at astronomical levels, continue to go up amid anguished complaints of college
administrators that even such fees fall far short of meeting their financial
needs.
Nor does the existing system of scholarships meet the problem, for these
go not to working-class youth but mainly to those of middle-class families.
A recent survey covering 200 colleges shows that the average yearly income of
families of scholarship recipients is $7,500, as against a national average of
$5,000. One-third had incomes exceeding $8,000 a year. According to Rexford
G. Moon, Jr., director of the College Scholarship Service, the nation is now being
deprived of the talents of 1.50,000 able youth each year from the low-income
groups.
The deterioration of our educational system has been proceeding over a
period of many years. But since the advent of Sputnik and the opening of the
eyes of many Americans to the remarkable accomplishments of the Soviet
educational system, it stands out more glaringly than ever.
As for the segregated educational facilities available to Negro youth, so
flagrant a national scandal have these become that it is scarcely necessary
here to dwell on their gross Inferiority not only in the South, but in the North
as well. But what should be noted is that if a general process of deterioration is
going on, this process is all the more pronounced in the facilities for Negro
students. Such, in brief, are some of the main problems facing American youth
today. There are, of course, other important problems, not least among them
the persistent plague of juvenile delinquency. We shall not, however, attempt
to deal with these here.
86 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
STATUS OF YOUTH MOVEMENT
The depression of the thirties witnessed a tremendous democratic upsurge of
the youth and the development of a movement of great breadth and power — a
movement extending through the thirties and into the war years. It was during
the thirties, a period when the working class was on the move and organized
labor made great strides forward with the formation of the CIO, that there came
into being the American Youth Congress, a federation whose component organiza-
tions in 1938 numbered no less than 11 million members.
It was during this period, too, that the Young Communist League blossomed
forth, growing from 3,000 members in 1933 to 22,000 in 1939. The YCL was an
influential force in the mass youth movement. Outstanding among its accom-
plishments was its leadership in the winning of the American Youth Congress
from the control of the pro-fascist elements who initiated it for their own ends,
and its conversion into a mass democratic organization. The upsurge of the
thirties included the South, where it was reflected, among other things, in the
emergence of the Southern Negro Youth Congress.
The postwar period — the years of cold war and McCarthyism, as well as of
relative prosperity — saw a sharp decline in the youth movement. In 1953,
according to a study by the National Social Welfare Agency, less than 1%
of young adults (and these predominantly middle-class) were reached by the
educational programs of the major youth organizations. The main reasons
given for lack of interest were preoccupation with personal problems and the
negative impact of the then prevailing atmosphere. Among teen agers, organized
activities were very largely reduced to the "keep them out of trouble" level,
although a minimal amount of struggle continued through such organizations as
YMCA, YWCA and NAACP youth groups, and there were expressions of opposi-
tion to war and the draft.
But today a fresh upsurge is beginning to take place in the youth movement —
an upsurge of which the evidences are rapidly multiplying. American youth is
once more on the move, and not in the direction of the Beatniks but in that of
social awareness and struggle.
Of this, the most conspicuous evidence is the movement which has developed
around the Youth March on Washington. The outpouring of more than 26,000
young people, both Negro and white, in Washington on April IS, together with
the collection of some 400,000 signatures on petitions, constitutes an unmistake-
able demonstration of the tremendous interest of American youth in the momen-
tous struggle. But what is even more significant is the widespread interest in
moving toward some permanent form of mass organization of youth in this field
of action. For what the enormous response to the March indicates above all is
the extensive pressure for united, organized movement and activity of Negro and
white youth against discrimination and segregation, and in defense of the
Constitution.
A second area of wide and growing youth activity is the peace movement.
Throughout the country, large numbers of young people are today involved in
such activities through a variety of religious and pacifist organizations —
through the Friends, the Fellowship of Reconciliation, church groups, and such
organizations as the Committee for a Sane Nuclear Policy, And on many college
campuses, student or student-faculty committees have been formed to fight for
an end to nuclear tests and the outlawing of nuclear weapons. These activities
are as yet scattered and uncoordinated — a feature of the peace movement as a
whole — and the Left generally is imfortunately still remote from them. But
they are clearly indicative of the potentialities for the building of a powerful
mass youth movement for peace,
A third area, of increasingly acute concern, is the rise in unemployment. This
situation has not spontaneously produced an organized movement of unemployed
youth, nor, if left to itself, is it likely to do so. On the contrary, such young
people, unfamiliar with the role and history of the labor movement, all too easily
fall prey to anti-labor propaganda and are led to blame their plight on the
unions. To such an extent has anti-union propaganda been effective among
these young people that the United Steelworkers recently was impelled to issue
a pamphlet addressed to high school youth, undertaking to explain the real
nature of the union.
There is no doubt, however, that given a program to fight for, the growing
numbers of youth finding themselves, with no prospects of secure employment,
will respond. In the thirties, the fight for a National Youth Act, one of the
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 87
main activities of the American Youth Congress, offered such a rallying point.
Today, the fight for a new National Youth Act, providing aid in education, voca-
tional training and securing employment, unemployed benefits for young people
entering the labor market and unable to find worlv, as well as other forms of
assistance, would similarly serve as a basis for rallying youth iu a mass move-
ment for jobs.
Still another indication of a new spirit among youth is the intense interest in
the World Youth Festival to be held in Vienna this summer. From all indications,
it appears that a bar broader and more representative American delegation will
go to this Festival than has gone to any previous one. And such a delegation,
on its return, is bound to have a strong impact in this country.
All these developments are beginning to have an effect on some of the existing
national youth organizations. These have functioned chiefly as service organiza-
tions, providing recreational, cultural and educational activities of various
kinds. Today, however, there are signs of change. A noteworthy instance
is the endorsement and active support of the Youth March by such conservative
organizations as the National Student Association and the American Christian
Youth Movement.
We shall not attempt here to make a detailed analysis and estimate of these
various movements and currents among youth. At this juncture, we wish only
to point to the vital importance of the initiative and participation of the Left
for their future development.
The resurgence of the youth movement now in process represents the begin-
nings of a new awakening of a mass of American youth poisoned for the past
decade by cold-war propaganda, intimidated into silence and a deadening con-
formity by the onslaughts of McCarthyism and corrupted by a period of relative
prosperity to the philosophy of "getting it while the getting's good." The
mounting struggle for Negro freedom, the continued threat of war and the dis-
ruption of their lives by the draft (now continued for another 4 years), the
increasingly acute problem of jobs, the crisis in education — all these are con-
tributing to a growing awareness and concern about social issues among widen-
ing sections of young people.
But this spontaneous movement, left to itself, can develop only in a limited,
halting way. Without doubt, the political and organizational initiative of the
Left will contribute greatly toward giving life and direction to the underlying
sentiments impelling youth to action and transforming them into organized
struggle. It is such initiative, for example, which is needed to realize the de-
velopment of a coordinated peace movement among youth, capable of mass action
on a national scale. And it is such initiative which is essential to the emer-
gence of an organized struggle for jobs.
PAETY RESPONSIBILITY
The Party in particular has an obligation to be active in all democratic
movements. It must become thoroughly involved in them, helping to give them
direction and vitality, and putting forth its own independent position. Unfor-
tunately, however, we have with some exceptions remained largely isolated and
apart from them. What is needed today is to plunge the Party's forces un-
stintingly into these mass activities and into tackling the problems entailed in
their further development. It is in the mass movements and struggles of the
youth that the basis lies for organized youth activity in our ranks and for the
building of progressive youth organizations. Indeed, these broad activities which
are now developing have already given new life to youth groups in and around
the Party, groups which had previously been drifting and inactive.
Above all, the Party, as a party of the working class, representing the in-
terests of all working people, should be in the forefront of such struggles. It is
necessary particularly to emphasize the fact that youth work is the responsibility
not of the Party youth alone but of the Party as a whole. For it is not youth
alone who are involved in the mass struggles for the demands and needs of
youth. Rather, adult initiative and leadership are essential features of such
struggles, and in certain areas — the fight for better schools, for example — the
movements are primarily movements of adult groups and organizations.
We must therefore put an end to the erroneous tendency to equate youth
work with the work of the youth alone, which has too often characterized our
approach in the past. On the contrary, it must be regarded as the task of the
entire Party, and the necessary program and organizational apparatus must be
established for carrying it on.
88 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
On the other side of the coin is the winning of youth itself as an ally of labor
and progressive forces. Here we come to the question of youth activity and
organization as such, and to the problem of filling the void which today exists
in this aspect of youth worli.
The Party has talien some initial steps, though admittedly very Inadequate
ones as yet, toward dealing with these responsibilities. Nevertheless, it must
be said that the Party as a whole is still lagging very seriously in tackling these
questions.
STATUS OF LEFT YOUTH ORGANIZATION
The dissolution of the LYL left a chaotic situation. The bulk of its member-
ship was dispersed. Some sought an alternative in the Trotskyite Socialist Youth
Alliance, but with few exceptions these soon discovered the impossibility of
working with Trotskyites and left these groups. A number formed independent,
unguided study groups, whose studies were a veritable hodge-podge, embracing
such subjects as existentialism, Titoism and Freudianism.
Among the Party youth in the LYL, some found their way into various Party
clubs and into other fields of Party activity. Others, fewer in number, were
organized into Party youth clubs. Still others left the Party and political
activity, though some of these have remained as study groups, in some cases
hostile to the Party. In one state the LYL did not dissolve but continued
to exist, though changing its name and organizational form.
Today these exists a variety of organizational forms, Party and non-Party,
Marxist and non-Marxist. Some districts have functioning youth commissions,
usually consisting of both youth and adults. In a number of areas there are
Party clubs. In some of these the membership is chiefly teen-age, but for the
most part the clubs consist of young adults, many married and with families,
and oriented away from youth work. Most Party youth, however, are not in
youth clubs.
A number of non-Party Marxist youth groups have sprung up, chiefly on
college campuses. These, usually loose-knit and informal in character, have
been devoted principally to discussion and education. An outstanding instance
is the Student Committee on Progressive Education (SCOPE) in New York,
which has organized Marxist classes enrolling over 100 students at a time. In
fact, there is generally a wide and growing interest in Marxist education among
youth.
There exist also a great variety of teen-age groups in different parts of the
country, generally non-Marxist in character but under Marxist guidance or
leadership. Some of these are choral groups ; one is built around a summer
camp ; others are organized around other cultural or social activities. In vary-
ing degrees, they participate in political struggles — today to a wide extent in
the Youth March. In one area, there is a pre-teen group consisting of youngsters
11-12 years of age.
In all of this profusion of groups and organizations, there exists little or no
coordination, and no over-all program of youth work as a guide to activity.
There are, to be sure, the beginnings of a youth page in the Worker, but this is
as yet highly inadequate in content and scope. And there is a great diversity
of opinions as to the direction which the progressive youth movement should
take.
Other Left youth organizations remain, on the whole, comparatively small and
uninfluential. The Trotskyite Young Socialist Alliance, which has paraded itself
as a "united" youth organization and still publishes a newspaper, has only a
handful of followers and has succeeded in obtaining a footing only on a few col-
lege campuses. For the most part, those attracted by it were soon repelled,
some to become completely disillusioned and to drop out of political activity.
The YPSL, following the entrance of a group of Schachtmanite youth after the
merger of the Schachtman group with the Socialist Party last year, has become
very active in a number of areas and has begun to issue a newspaper, the
Challenge. But its total membership and influence is small.
THE QUESTION OF A YOUTH ORGANIZATION
During the past year, considerable debate and activity have developed in re-
lation to the question of reestablishment of a national Marxist youth organiza-
tion, a question on which there exists a considerable divergence of opinion
among the youth.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1960 89
One section, consisting of Party youth, opposes the setting up of such an
organization, maintaining that the work of Party youth should be carried on
within the Party through an organizational apparatus based on Party youth
clubs and possibly a youth division. If a national youth organization is to be
formed at all, it should be of a broader, non-Marxist character. Such views
are prevalent among young adults, who see their future worls as lying within
the Patty, as well as among a section of the teen-agers who are actively in-
volved in non-Marxist teen-age organizations and do not see these becoming part
of a Marxist organization.
At the other extreme is a group which advocates the immediate formation of
what they term a Marxist-Leninist youth organization, whose membership
would be limited to those professing adherence to Marxist-Leninist principles —
in short, a vanguard organization patterned pretty much after the Communist
Party. A third section supports the formation of a Marxist type of youth
organization, but believes it should be much broader in character, embracing
not only youth in and close to the Party but a wider body of socialist-minded,
Marxist-oriented youth as well. It is worth noting that the main, though by no
means the only pressure for the formation of a Marxist youth organization of
one kind or another comes from student groups.
These questions are, of course, of no small interest to the Party as a whole
as well as to Party youth. For the path which is chosen at this critical junc-
ture can either sei-ve greatly to advance the struggle for progress and socialism
among the youth or seriously to set it back. Efforts to form a youth organiza-
tion of a kind for which there is actually no place or need would only create
added obstacles to progress in this sphere.
In our opinion, there is a definite need for a socialist youth organization today.
This need is underlined and made increasingly acute by the revival of a mass
youth movement, which more and more makes painfully evident the absence of
any national youth organization which fights unyieldingly and unequivocally
against the corruption and debasement of the youth by the American ruling class.
The youth have many burning problems — unemployment, the threat of war, the
high cost and inadequacy of education, discrimination and others — which
demand answers that only a socialist organization can give. What is needed
particularly is a type of organization which is able to reach out to the growing
numbers of youth who, in the course of their struggles, begin to look, in however
confused a way, to socialism as the answer to their problems. What is needed is
an organization which, in the course of participation in active struggles, edu-
cates such youth as to the nature of socialism and on developments in the social-
ist countries.
Hence we should do everything possible to encourage those who seek the
formation of a nation-wide socialist youth organization, dedicated to mobilizing
the working and student youth of America for struggle for the immediate de-
mands of youth and to educating young people in the spirit of socialism. And we
should support those who, in seeking to form such an organization, are guided
by the following principles :
1. The organization should be broad in its popular appeal and should seek to
establish united front relations and activities with other youth organizations of a
progressive character.
2. Its principles of organization should be broad, flexible and democratic.
It should admit into its ranks both Communist youth and other Marxist-
oriented and progressive young people who are interested and wish to participate
in any of its activities and in learning about its program and teachings.
3. It should be based on solidarity and cooperation with a) all struggles of
the American working class for its economic interests and its democratic and
trade union rights, b) all struggles of the Negro people for full equality and
the eradication of all forms of racism and discrimination. It shoud be devoted to
militant struggle to safeguard and extend constitutional liberties and the pro-
gressive democratic traditions of our country.
4. It should maintain friendly, cooperative relations with organizations of the
working class, including its Marxist vanguard.
5. It should have a positive attitude to the socialist countries, and should work
for East-West friendship. It should also have a positive attitude to and seek
the closest fraternal relations with the socialist and progressive youth organiza-
tions of other countries.
6. It should be based on solidarity and friendship with peoples throughout the
world and support for all people's struggles for independence and liberation
from imperialist domination.
90 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
These ideas, it should be noted, are not new. These are the kind of principles
on which socialist youth organization has been based on past occasions. We
believe they are valid for today. What is needed, of course, is a much fuller
study of the history of past youth organizations, and the lessons to be learned
from their experiences. Such a study will no doubt be made by those concerned
with the problems of establishing a new organization.
We cannot accept the premises of the "Call to Youth" which appeared in
Political Affairs for April, 1958, as the basis for forming a youth organization.
To be sure, it represents an initiative at a time when there was considerable
ideological controversy in our ranks and when the Party was almost totally
inactive in this field. And no doubt its authors were on the whole motivated
by a sincere desire to stimulate discussion and action on the youth question
Nevertheless, we cannot agree with its approach. For one thing, the "Call"
displays a very negative approach to both the working class and youth in this
country, picturing both simply as being extremely backward and corrupted,
and failing to make a realistic, balanced evaluation of their attitudes and
ideological status. It likewise deals with the question of youth organization
in abstraction from the mass developments among youth. It confines itself
to presenting what its authors consider a summary of Marxist-Leninist princi-
ples, presumably addressed to those youth prepared to accept these principles,
of whom, apparently, the proposed organization is to consist. Finally, the "Call"
presents a negative, distrustful attitude to the Party and its leadership. The
latter, it is implied, remains tinted with revisionism ; hence a youth organiza-
tion is needed whose role is evidently to be the defense of Marxist-Leninist
principles.
To attempt to establish a narrowly-conceived, inwardly-oriented youth or-
ganization with conditions of membership virtually the same as those of the
Communist Party would, we maintain, be a most serious mistake. Such an
organization would be nothing more than a junior edition of the Party, and
its membership would inevitably consist of little more than Party members.
It would perpetuate and even increase the isolation of Party and Marxist youth
from the main currents of movement and struggle.
Above all, there is no place for any youth organization, let alone one which
professes to be Marxist-Leninist, which is based on mistrust and hostility to
the Party — an organization whose purpose is to "correct" the Party, to make up
for its "inadequacies." Such an organization can only be factional and anti-
Party in character, and can only do great harm. Those in our ranks who seek to
embark on such a path must be firmly opposed and repudiated.
There is some thinking to the effect that the situation calls for a youth organ-
ization of a broader, non-socialist character — a mass democratic organization
uniting youth in the fight for peace, jobs, equal rights and other vital goals.
A socialist organization, it is argued, would be too narrow in scope and would
limit the effective mobilization of the masses of youth in these decisive struggles.
We feel, however, that whatever else may emerge, there is a place and need
for a socialist youth organization. This does not preclude the formation of
other progressive youth organizations or of united front movements of very
broad scope. On the contrary, the existence of a socialist youth organization
is important to these developments.
Between the conception of an organization and its realization lies a considera-
ble gap. It is not so difficult to work our ideas as to what sort of organization
ought to exist. It is much more difficult, however, to bring it into existence;
this requires a continuous struggle, particularly against tendencies toward
inner orientation and sectarian isolation as well as against tendencies to obscure
or push into the background its socialist character — both inevitably engendered
by the pressure of the attacks of reaction.
To begin with, the conditions for its formation must exist or be brought
into being. Chief among them is the existence of a base consisting of both a
core of Party youth and a substantial body of non-Party, militant, progressive
and socialist-oriented youth, and both with firm roots in the mass movement.
In this respect, present conditions in various parts of the country are highly
heterogeneous. Generally, however, there appears to be no sufficient base for
the immediate formation of a national youth organization, even though we be-
lieve it is correct to orientate toward such an organization. Undoubtedly, it
will be necessary in working toward that goal to pass through a formative
period, during which local committees and organizations of various kinds will
appear, permanent or temporary, directed toward specific areas of mass work
or individual campaigns.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 91
Out of these developments there could emerge, before long, a socialist youth
organization on a national scale, embracing both Party and non-Party socialist-
oriented youth. It is possible, too, that other types of progressive youth organ-
izations may develop. The exact nature of such organizations would become
clearer in the course of youth activity; at this point, it is possible only to
express an opinion as to general orientation and direction.
* * *
In conclusion, every effort should be made to increase and widen the Party's
youth work and its participation, initiative and influence in mass youth move-
ments and campaigns. Attention should be given in all districts to the setting
up of youth-work commissions. A flexible policy should be developed toward
the building of Party youth clubs and similar organizational forms. Every
effort should be made to establish a national apparatus as soon as possible, and
steps should be taken to prepare a Party program and perspectives for all
aspects of youth work, as well as an educational program for youth.
Further, the Party should do all it can to help create conditions for and
support efforts of youth groups toward the establishment of a nation-wide
socialist youth organization along the general lines indicated above. It should
give full encouragement and support to the building of all kinds of local youth
organizations and committees, among them various interim and provisional
forms of organization directed toward the goal of a national youth organization.
This Report, we hope, will contribute to the fruitful revival and growth of
the work of the Party among American youth.
HEARINGS RELATING TO H.R. 4700, TO AMEND SEC-
TION 11 OF THE SUBVERSIVE ACTIVITIES CONTROL
ACT OF 1950, AS AMENDED
(The Fund for Social Analysis)
WEDNESDAY, JUNE 7, 1961
United States House of Representatives,
Subcommittee of the
Committee on Un-American Activities,
Washington, D.G.
executive session ^
A subcommittee of the Committee on Un-American Activities met,
pursuant to call, at 2 p.m., in room 226, Old House Office Building,
Washington, D.C., Hon. Clyde Doyle presiding.
Subcoimnittee members: Representatives Morgan M. Moulder, of
Missouri, chairman of the subcommittee ; Clyde Doyle, of California ;
and August E. Johansen, of Michigan.
Committee members present : Representatives Clyde Doyle, presid-
ing; August E. Johansen; and Gordon H. Scherer, of Ohio.
Staff members present : Frank S. Tavenner, Jr., director ; John C.
Walsh, co-counsel ; and Donald T. Appell, investigator.
Mr. Doyle. Let there be inserted at this point in the record the
appointment of the subcommittee.
(The document referred to follows :)
June 1, 1961.
To Mr. Frank S. Tavenner, Jr.,
Director, House Committee on Un-American Activities:
Pursuant to the provisions of tlie law and the Rules of this Committee, I
hereby appoint a subcommittee of the Committee on Un-American Activities,
consisting of Honorable Morgan M. Moulder as Chairman, and Honorable Clyde
Doyle and Honorable August Johansen as associate members, to conduct hear-
ings in Washington, D.C., beginning on the 1st day of June 1961, on H.R. 4700,
and other subjects under investigation by the committee, and take such testimony
on said day or succeeding days as it may deem necessary.
Please make this action a matter of committee record.
If any member indicates his inability to serve, please notify me.
Given under my hand this 1st day of June, 1961.
(S) Francis E. Walter,
Francis E. Walter,
Chairman, Committee on Un-American Activities.
Mr. Doyle. The subcommittee will come to order. Please note as
})resent Messrs. Doyle and Johansen, of the subcommittee, and also
present Mr. Scherer, of the full committee.
1 Released by the committee and ordered to be printed.
93
94 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Do you solemnly swear you will tell the truth, the Avhole truth, and
nothing but the truth, so help you God ?
Dr. DuKHAM. I do.
TESTIMONY OF BARROWS DUNHAM, ACCOMPANIED BY COUNSEL,
PHILIP DORPMAN
Mr. Tavenner. Dr. Dunham, will you state your name, please, sir,
your place of residence, and your occupation ?
Dr. Dunham. My name is Barrows Dunham.
Mr. Tavenner. And your residence ?
Dr. Dunham. 127 Bentley Avenue, Cynwyd, Pa.
Mr. Tavenner. What is your occupation ?
Dr. Dunham. I have no salaried employment.
Mr. Tavenner. You have been engaged in the teaching profes-
sion?
Dr. Dunham. Yes.
Mr. Scherer. Pardon me. Did I understand the witness to say he
has no salaried employment ?
Mr. Tavenner. Yes.
Mr. Scherer. What is his business or occupation at the present
time?
(The witness conferred with his counsel.)
Dr. Dunham. I have no regular occupation.
Mr. Tavenner. You said you had no salaried employment. What
is your employment, whether it is salaried or not ?
(The witness conferred with his counsel.)
Dr. Dunham. In the sense of employment, I have no occupation.
Mr. Tavenner. Well, what is your source of income ?
(The witness conferred with his counsel.)
Dr. Dunham. I have a small inheritance, on the income and capital
of which I live.
Mr. Tavenner. Now, it just seems to me that you are being evasive
in regard to your employment. Wlien you work, what do you do?
Do you write ? Do you teach, or what is it in general ?
(The witness conferred with his counsel.)
Dr. Dunham. I do a little writing.
Mr. Tavenner. It has been called to my attention that I failed to
have counsel identify himself for the record.
Will you please do so ?
Mr. DoRFMAN. I am Philip Dorfman, 1604 Walnut Street, Phila-
delphia, Pa.
Mr. Tavenner. Dr. Dunham, the committee is mterested in the or-
ganization and operation of The Fund for Social Analysis.
I show you a copy of a mimeographed statement of The Fund for
Social Analysis, dated January 1960. I invite your attention to the
firet paragraph on page 2, where you will see a list of the membei-s
of the Awards Conunittee.
(The document was handed to the witness.)
Mr. Tavenner. You will see there a list of the members- of the
Awards Committee of The Fund for Social Analysis. Do you see it?
Dr. Dunham. I see it.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 95
Mr. Tavenner. You will note that the first name on the list is that
of Barrows Dunham. Now, I hand you for comparison purposes an-
other publication of The Fund for Social Analysis entitled "State-
ment of Awards Committee," issued in 1958. Will you examine it,
please ?
(The document was handed to the witness.)
Mr. Tavenner. You will note that it also contams the list of those
who are members of the Awards Committee. Do you see it ?
Dr. Dunham. I see it.
Mr. Tavenner. You will note that your name does not appear on
that list, but that the name of Frank Coe does appear there.
(The witness conferred with his counsel.)
Mr. Tavenner. Thus indicating that you replaced Frank Coe on
the list. Is that correct that you did replace him ?
(The witness conferred with his counsel.)
Dr. Dunham. Very well. At this point I am going to decline to
answer any questions concerning the Fund on the following grounds :
that they do not come within the competence of this committee ; that
they are asked in violation of the first amendment to the Constitution
of the United States ; and, having learned in recent years that silence
is not only golden but constitutional, I seek, at this point, the immmiity
granted me by the fifth amendment to the Constitution of the United
States.
Mr. Tavenner. And by the fifth amendment, are you referring to
that provision of the fifth amendment regarding the right of a person
to refuse to testify in a criminal proceeding regarding a matter that
might incriminate him ?
(The witness conferred with his counsel.)
Dr. Dunham. Yes.
Mr. Tavenner. We have seen from some of the documents that
have been brought to the committee's attention regarding The Fund
for Social Analysis that the Fund had sponsors. Will you tell the
committee, please, what the duties or the purpose of sponsors of this
organization were ?
(The witness conferred with his counsel.)
Dr. Dunham. I decline to answer that question on the same
grounds.
Mr. Tavenner. Reference has been made to reports to the member-
ship of this group. Is this a membership organization ?
Dr. Dunham. My answer is the same as before.
Mr. Tavenner. Are you now a member of the Awards Committee
of The Fmid for Social Analysis ?
Dr. Dunham. I decline to answer on the same grounds as before.
Mr. Tavenner. Have you any records in your possession or copies
of correspondence or other documents of The Fmid for Social Ana-
lysis ?
(The witness conferred with his counsel.)
Mr. Dorfman. Will you excuse me for a moment while I confer
with the witness ?
Mr. Tavenner. Yes.
(The witness conferred with his counsel.)
Dr. Dunham. Will you restate the question, Mr. Tavenner, please?
Mr. Tavenner. Will you read the question ?
72930—61—8
96 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
(The question was read by the reporter.)
(The witness conferred with his counsel.)
Dr. Dunham. My answer is I don't know.
Mr Tavenner. Would, by possibility, some of this correspondence
relate to awards that had come before the Awards Committee foi
consideration ?
( The witness conferred with his counsel. )
Dr. Dunham. I decline to answer this quest ion on the same grounds
Mr. Tavenner. Where are the records to which you referred when
you said you were not certain that you had them ?
( The witness conferred with his counsel. )
Dr. Dunham. If there are any, they would be at my home.
Mr. Tavenner. Mr. Chairman, I ask or suggest that the subcom-
mittee consider issuing a subpena duces tecum to require Dr. Dunhain
to produce copies of any correspondence Avhich he has relating to
the business and the affairs of The Fund for Social Analysis.
Mr. DoRFMAN. Mr. Tavenner, I state for the record that, had I
known that any correspondence was required for the purposes of this
hearmg, that they would have been produced voluntarily m compli-
ance with his duties. ,
Mr. Tavenner. Then may I say this : that, if the committee acts
favorably on my suggestion, then counsel may send the lettere to me
for examination and then we can tell whether or not it is necessary to
call Dr. Dunham back.
Mr. Doyle. We can act on that right now.
Mr. Scherer. I so move.
Mr. Johansen. I second it. , , i i
Mr. Doyle. It has been moved and seconded that the subpena duces
tecum be issued. All in favor say "Aye."
Mr. Scherer. Aye.
Mr. Johansen. Aye.
Mr. Doyle. So directed.
You understand the question of counsel?
Mr DoRFMAN. Yes. May the record show that we will make a
seaiWi for any correspondence that may exist, and if any does, I will
have Dr. Dunham personally, or myself, submit it to Mr. Tavenner.
Mr Tavenner. Yes, and if you do have such documents, then we
can determine whether it is necessary for the Doctor to come back.
Mr. DoRFMAN. Yes. ^ , • , •, mi u
Mr TA\Ti:NNER. If I receive none from you, I think it will be neces-
sary for the Doctor to come here and state under oath that he does not
have them. . ,
Mr. DoRFMAN. I will commmiicate with you very promptly.
Mr. Tavenner. Very well, sir. , t^ . i- j ^i ^
Mr Doyle. May I ask this: I notice that the Doctor replied that,
if he does have any, they are his personally. I understood him to so
Mr. DoRFMAN. No, he did not so state, Mr. Doyle.
Mr. Doyle. I stand corrected. . j. ^, a i
Mr. Tavenner. Were minutes kept of the meetmgs of the Awards
Committee?
(The witness conferred with his counsel.)
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 97
Dr. Dunham. I am declining to answer any questions relating to
the functioning of the Awards Committee on the grounds previously
stated.
Mr. Tavenner. Wlio served as secretary of the Awards Committee?
Dr. Dunham. The same answer.
Mr. Tavenner. Do you know the present location of records of the
minutes of the Awards Committee, or in whose custody they may be ?
(The witness conferred with his counsel.)
Dr. Dunham. I don't know.
Mr. Tavenner. How is that ?
Dr. Dunham. I don't know.
Mr. Tavenner. The two documents which I handed you I desire
to offer in evidence and ask that they be marked "Dunham Exhibits
Nos. 1 and 2," respectively.
Mr. DoTLE. So received and marked.
(Documents marked "Dunham Exhibits Nos. 1 and 2," and retained
in committee files.)
Mr. Tavenner. Doctor, you will note at the bottom of each of the
two documents, if you will exhibit the documents to him, please, the
address of Eoom No. 2800. Do you see that ?
Dr. Dunham. Yes.
Mr. Tavenner. Are you familiar with that address ?
(The witness conferred with his counsel.)
Dr. Dunham. I will decline to answer on the same grounds as be-
fore.
Mr. Tavenner. Is it not the law office of Isidore Needleman ?
(The witness conferred with his counsel.)
Dr. Dunham. I decline to answer on the grounds previously stated.
Mr. Tavenner. What is Isidore Needleman's connection with The
Fund for Social Analysis ?
(The witness conferred with his counsel.)
Dr. Dunham. The same answer as before.
Mr. Tavenner. Did you receive any communications from him rela-
tive to the business of The Fund for Social Analysis ?
(The witness conferred with his counsel.)
Dr. Dunham. Whatever correspondence relating to the Fund is in
existence and is in my possession, I will produce.
Mr. Tavenner. Yes, but I am asking you whether or not you re-
ceived communications from Isidore Needleman regarding the busi-
ness of The Fund for Social Analysis.
(The witness conferred with his counsel.)
Dr. Dunham. I will decline to answer that on the same grounds.
Mr. Tavenner. I have no further questions, Mr. Chairman.
Mr. DoTLE. Have members of the committee any questions of the
witness ?
Mr. ScHERER. Doctor, you said that you do writing. In what field ?
(The witness conferred with his counsel.)
Dr. Dunham. Philosophy.
Mr. ScHERER. You are then a free-lance writer in this field?
(The witness conferred with his counsel.)
Dr. Dunham. Yes.
Mr. Sgherer. Could you tell us some of the publications for which
you write ?
(The witness conferred with his counsel.)
98 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Dr. Dunham. I will decline to answer that question as not pertinent
and also on the grounds previously stated.
Mr. ScHERER. Mr. Chairman, I certainly think the question is perti-
nent and ask that you direct the witness to answer the question.
Mr. Doyle. You understood Mr. Scherer's question, did you not?
Dr. Dunham. I thought I did but perhaps it better be restated.
Mr. ScHERER. I merely asked for what publications you write.
(The witness conferred with liis counsel.)
Dr. Dunham. I will decline to answer that on the grounds previ-
ously stated.
Mr. DoTLE. I will instruct you to answer that question. We believe
it is pertinent.
Mr. ScHERER. Do you honestly
Mr. Dorfman. Mr. Scherer, I believe that Mr. Doyle has asked the
witness a question.
Mr. Doyle. No, I said I instructed him to answer the question,
because the committee believes it is pertinent.
(The witness conferred with his counsel.)
Dr. Dunham. I am asserting my privilege under the fifth amend-
ment.
Mr. Scherer. Do you honestly believe that to tell this committee
what publications you write for, might lead to a criminal prosecution ?
(The witness conferred with his counsel.)
Dr. Dunham. Well, yes, I do; and I have personal experience of
the fact, in view of the fact that I was once brought to trial for a valid
use of the fifth amendment.
Mr. Scherer. What trial was that ? I am entirely ignorant of any
trial that you were involved in.
Dr. Dunham. In 1956 a trial for contempt of this committee. 1955.
Excuse me.
Mr. Scherer. Are these publications for which you write Commu-
nist publications?
(The witness conferred with his counsel.)
Dr. Dunham. I will decline to answer that question, seeking again
the protection of the fifth amendment.
Mr. Scherer. I have no further questions.
Mr. Johansen. I have no questions.
Mr. DoYUE. I suggest, for the convenience of all concerned, that the
hearing be postponed to a definite date, subject to the subpena duces
tecum and everyone's cooperation with regard to pertinent documents.
Mr. Dorfman. With the understanding that we will be advised by
Mr. Tavenner as to whether we are actually required to return.
Mr. Tavenner. Yes.
Mr. Doyle. That is right. Very well, Friday, June 16, at 2 o'clock
in this room, the witness is directed to reappear, with the understand-
ing that he does not need to appear if the documents are furnished
Mr. Tavenner in the meantime.
Mr. Dorfman. If we are required to, we will come back at any time
you wish.
Mr. Doyle. Thank you very much.
(Whereupon, at 2 :40 p.m., Wednesday, June 7, 1961, the subcom-
mittee recessed, to reconvene at 2 p.m., Friday, June 16, 1961.^)
1 The documentB requested having been supplied by Dr. Dunham, the hearing scheduled
for June 16, 1961, was canceled.
HEARINGS RELATING TO H.R. 4700, TO AMEND SEC-
TION 11 OF THE SUBVERSIVE ACTIVITIES CONTROL
ACT OF 1950, AS AMENDED
(The Fund for Social Analysis)
WEDNESDAY, AUGUST 16, 1961
United States House of Representatives,
Subcommittee of the
Committee on Un-American Activities,
Washington, D.C.
PUBLIC HEARING
A subcommittee of the Committee on Un-American Activities met,
pursuant to call, at 10 a.m., in the Caucus Room, Old House Office
Building, Washington, D.C, Hon. Francis E. Walter (chairman of
the committee) presiding.
Subcommittee members: Representatives Francis E. Walter, of
Pennsylvania; Morgan M. Moulder, of Missouri; and Gordon H.
Scherer, of Ohio.
Committee members present: Representatives Francis E. Walter, of
Pennsylvania ; Clyde Doyle, of California ; William M. Tuck, of Vir-
ginia; Gordon H. Scherer, of Ohio; August E. Johansen, of Michi-
gan; Donald C. Bruce, of Indiana; and Henry C. Schadeberg, of
Wisconsin.
Staff members present : John C. Walsh, counsel, and Donald T. Ap-
pell, investigator.
The Chairman. The subconmiittee will come to order.
This is a continuation of the hearings conducted on May 31, 1961,
at which time Dr. Annette T. Rubinstein, accompanied by you as her
counsel, testified with reference to the activities, grants, and money
received by The Fund for Social Analysis, an unincorporated asso-
ciation doing business in the State of New York.
I realize that you were in the room at the time and familiar with
the purposes of these hearings. However, so that there will be
no question with reference to the pertinency of your testimony, I
would like to state that the many hearings held by the committee
over the past several years have documented the volume of Commu-
nist propaganda being printed in the Soviet Union and its satellite
countries for dissemination in the United States. The method used
to import this propaganda has also been documented. In an effort
to curb this abuse, I have offered H.R. 5751, which is presently on
Union Calendar. This bill is identical with the one which passed the
House in the 86th Congress, but did not reach a vote in the Senate.
We do not believe that Communist propaganda will be fully con-
100 SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0
trolled by this bill, or for that matter by any bill. A Communist
propaganda offensive is being waged both from without and from
within tliis country in many different fields, and this committee has
endeavored and will continue in its efforts to aid Congress in its con-
sideration of necessary remedial legislation to control this Commu-
nist weapon.
Prior to 1947, scores of Communist- front organizations, engaged in
propaganda activities, enjoyed tax-exempt status. Moneys donated
to such organizations were deductible on the income tax returns of
individual and corporate donors. In 1947, the Commissioner of In-
ternal Eevenue, acting on the findings of the Attorney General,
removed the tax-exempt status of those organizations which the At-
torney General found to be subversive.
This was thought to be the coup which would fold most of these
subversive organizations, but as we know, it did not. Most of the
organizations continued to flourish even at the start with a reduced
budget. It was not until organizations were found to be subversive
by the Subversive Activities Control Board that many ceased to
exist, at least under the name by which they had been known for years.
However, even such a finding did not bring about the demise of the
^^jnerican Committee for Protection of Foreign Born. Newly
named organizations are cropping up daily to replace those which
have served their purpose.
None of these propaganda organs died from the lack of income.
They were discontinued because they had served their purpose or
because the citation as subversive removed their acceptability to the
general public.
Years have now passed since the Attorney General has cited an
organization as subversive. The limitation placed upon his office
by the courts is having the effect of stopping further citations. The
courts' delay in passing upon the provisions of the Subversive Activ-
ities Control Act of 1950, and the years it takes between a hearing
before the Subversive Activities Control Board and the issuance
of a final order, have all worked to the advantage of the Communist
organizations. Therefore, the Commissioner of Internal Kevenue
needs authority to deny tax relief to these organizations immediately
upon their formation.
However, denial of tax exemption has not and will never bring
about the_ elimination of propaganda organizations. Preliminary
investigations by the committee have uncovered the fact that one
organization has solicited, over the period of less than 5 years, over
a quarter of a million dollai-s. This money has been used almost
exclusively in the dissemination of propaganda in defense of the
Communist Party and its members, and in the furtherance of Com-
munist Party objectives. Its principal income has not been taxable
because it is derived from gifts or contributions. The organization
does not seek tax exemption. It files a return which excludes gifts or
contributions from tax computation. Thus, the expenses exceed the
taxable income and no tax is due the United States.
We have found that many organizations engaged in subversive
propaganda do not bother to even file a return. They, likewise, do
not bother to maintain records and thereby place a burden on the
Internal Revenue Service of proving the amount of income received
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 101
and the source thereof. In the case of one organization, when the
Internal Eevenue Service made inquiry as to why no return had been
filed, it refused to make its records available for examination. By
the time the Internal Revenue Service demanded the production of
records, the organization had been abolished. Within months the
same people, organized under a new name, were back working on
behalf of communism.
Based on this preliminary evidence, I introduced H.R. 4700, to
amend section 11 of the Subversive Activities Control Act of 1950.
This legislation is designed to place in the hands of the Internal Rev-
enue Service authority to proceed immediately against Communist-
action, as well as Communist-front, organizations. It further pro-
vides that contributions made to such organizations shall be con-
sidered as taxable income, and further that money expended in carry-
ing out subversive propaganda: shall not be deductible.
An additional purpose of the hearing is to ascertain whether or not
the witness, aside from any relationship he might have with The
Fund for Social Analysis, is engaged in activities in behalf of the
Communist Party of the United States or the international Commu-
nist movement.
The committee is not in any sense interested in restricting bona
fide research and study of communism. In fact, it has encouraged an
objective study and teaching of communism, so that America may
better understand the problems that communism poses throughout the
world.
We will proceed, Mr. Walsh.
Mr. Walsh. Mr. Needleman is the first witness.
The Chairman. Will you raise your right hand, please ? You do
solemnly swear that the testimony you are about to give will be the
truth, the whole truth, and nothing but the truth, so help you God ?
Mr. Needleman. I affirm.
On the question of the purposes of the hearing, may I ask this,
please: Does the committee, since it started its investigation of the
Fund, have any evidence that the Fund was in any way connected
or dominated by, or connected with, the Communist Party? That
would help me in determining whether a question is relevant and
material.
The Chairman. We will develop that as we go along. I cannot
give you an answer at this time.
Mr. Walsh. May the resolution authorizing the hearings and the
appointment of the subcommittee be made a part of the record ?
The Chairman. They may be.
(See pp. 5, 6.)
TESTIMONY OF ISIDORE GIBBY NEEBLEMAN, ACCOMPANIED BY
COUNSEL, JOSEPH FORER
Mr. Walsh. What is your name, please ?
Mr. Needleman. Isidore G. Needleman.
Mr. Walsh. What does the "G" stand for ?
Mr. Needleman. G-i-b-b-y.
Mr. Walsh. Where do you live ?
Mr. Needleman. 110 36th Road, Forest Hills, Long Island.
102 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Mr. Walsh. Wliat is your occupation ?
Mr. Needleman. Attorney.
Mr. Walsh. Now, you are here pursuant to a subpena, are you not,
served upon you at your office, suite 2810, 165 Broadway, New York
City?
Mr. Needleman. That is correct.
Mr. Walsh. That is where you maintain your law office ?
]VIr. Needleman. That is right.
Mr. Walsh. Now, The Fund for Social Analysis gave as its ad-
dress 165 Broadway, and I ask you whether or not The Fund for
Social Analysis had its offices in your law office ?
Mr. FoRER. Excuse me a second. Do you want the appearance of
counsel noted ?
Mr. Walsh. Pardon me. Would you give your name, sir, as
counsel.
Mr. FoRER. I didn't want to feel the committee had slighted me.
The Chairman. We have seen you so often, it is not necessary.
Mr. FoRER. All right, then, but just for the record
The Chairman. Let the record show that the witness is represented
by Joseph Forer, an attorney at law, in the District of Columbia.
Mr. FoRER. Thank you.
Mr. Walsh. Would you read back the question ?
Mr. Needleman. I remember it. It is whether The Fund for Social
Analysis maintained its offices at 165 Broadway.
Mr. Walsh. In suite 2810.
Mr. Needleman. The answer to that is "No," but just so that we
don't get into an unnecessary hassle about it, it was suite 2800, where I
once had my office. I just moved my office from 2800 to 2810. Mr.
Chairman, on the question of proceeding with this hearing, as you
have stated, I was here representing some clients on May 31, and I
think this is an invasion of an attorney-client relationship to ask me
to come down here.
As a matter of fact, I think it was done at Mr. Scherer's personal
vendetta against me, and I think he has some kind
The Chairman. Oh, no ; you are wrong about that.
Mr. Needleman. Because we had a run-in at the last hearing and
I think he is gunning for me, and if that is the case, I don't think
that the committee should be used for such personal vendettas.
The Chairman. Mr. Scherer didn't have you subpenaed. You were
subpenaed as a result of action taken by the full committee and not
acting on any recommendations made by the distinguished gentleman
from Ohio.
Mr. Needleman. A member of the Birch Society. That wouldn't
make him so distinguished in my eyes.
The Chairman. Well, you are a member of the Communist Party,
so that doesn't make you very distinguished either.
Mr. Needleman. You have that evidence ?
The Chairman. Go ahead, Mr. Walsh.
Mr. Scherer. For the record, I am not now, nor have I ever been,
a member of the Birch Society.
The Chairman. You are not a witness here.
Mr. Scherer. Let us have the record clear, and I am not taking the
fifth amendment.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0 103
Mr. Walsh. I want to assure you that no question which I will ask
you will impinge upon your right and the privilege of client-and-
attorney relationship.
The Chairman. I will take care of that, and I think I understand
what the record shows.
Mr. Needleman. You understand, of course, that not only was I
representing certain people, but I am also, and I volunteer this infor-
mation, counsel for the Fund.
Mr. Walsh. We are going to come to that. Now, what is your edu-
cational background, Mr. Needleman ?
Mr. Needleman. I went through high school.
Mr. Walsh. What high school ?
Mr. Needleman. Is that important ? I went through high school.
Mr. Walsh. I want your background, that is all.
Mr. Needleman. I am telling you, I went through high school, col-
lege, and law school.
Mr. Walsh. When were you admitted to the bar?
Mr. Needleman. In 1932.
Mr. Walsh. Now, you stated that you are the attorney for The
Fund for Social Analysis ?
Mr. Needleman. That is right.
Mr. Walsh. And The Fund for Social Analysis did have their
offices at room 2800 ?
Mr. Needleman. Yes, sir.
Mr. Walsh. How long a period did they have their offices in your
office?
Mr. Needleman. Since its very inception.
Mr. Walsh. When was that ?
Mr. Needleman. That I can't remember, but you must have that.
Mr. Walsh. It is an unincorporated association ?
Mr. Needleman. It is a loose group of people.
Mr. Walsh. Did you draw up the papers for its formation ?
Mr. Needleman. There were no papers. It was a loose association
of people.
Mr. Walsh. Do you know an Irving Kaplan, who was the treasurer
of The Fund for Soci al Analysis ?
Mr. Needleman. Now, Mr. Walsh, I represented Mr. Kaplan here,
as a client, and I think that, there, clearly you are impinging upon
the attorney-client relationship, and I ask, Mr. Chairman, that that
question be withdrawn.
The Chairman. We are not going to permit any questions that will
m anywise violate the well-known principles concerning the relation-
ship of attorney and client. We don't think that this question does.
Answer the question.
Mr. FoRER. Excuse me one moment. Could the question just be
changed to, if he knows Irving Kaplan, because as it is now worded,
it includes a description from him which could have come as a confi-
dential communication. Do you see what I mean ?
Mr. Walsh. He appeared here as a witness— without getting in
an argument with you.
The Chairman. Answer the question, do you know Irving Kaplan ?
Mr. Needleman. Yes ; I do.
104 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Mr. Walsh. Did you know him as the treasurer of The Fund for
Social Analysis?
Mr. Needleman. Now, I protest, again, against this question on
the ground that it would be a violation of attorney-client privilege for
me to discuss whether I knew Mr. Kaplan as a treasurer of the Fund.
Mr. Walsh. Do you know Harry Magdoff ?
Mr. Needleman. Yes, I do.
Mr. Walsh. Did he ever come into your office as an officer or a
person interested in The Fund for Social Analysis ?
Mr. Needleman. I must again protest this question.
Mr. Walsh. Did you ever see him in your office in suite 2800 at
165 Broadway ?
Mr. Needleman. Yes, I have.
Mr. Walsh. Did you know a Dr. Annette T. Rubinstehi ?
Mr. Needleman. As you know, I represented her, and I know her.
Mr. Walsh. Did you ever see her in your office in suite 2800 at 165
Broadway ?
Mr. Needleman. Yes.
Mr. Walsh. Did The Fund, for Social Analysis have an office as-
signed to them in your office ?
Mr. Needleman. No, sir.
Mr. Walsh. What rooms did they use when they occupied and
transacted business in your suite, 2800 ?
Mr. Needleman. That presupposes something that is not neces-
sarily true. Any discussion of what business they did or didn't
transact, whether in my room or anything else, I object to on the
ground that it is a violation of the attorney-client privilege.
The Chairman. Now, what was this last question ?
Mr. Needleman. I would like to have it read.
(The pending question was read by the reporter.)
The Chairman. Answer the question. This has nothing Avhatso-
ever to do with the relationship of attorney and client.
Mr. Needleman. Whether they are meeting with me and discussing
matters, that is an attorney-client relationship.
The Chairman. We are merely asking whether or not there was a
meeting in your office attended by certain people.
(The witness conferred with his counsel.)
Mr. Needleman. Would you read that question ?
(The pending question was read by the reporter. )
Mr. Walsh. Do you understand the question? Would you kindly
read the question back, Mr. Reporter ?
(The pending question was reread by the reporter.)
Mr. Needleman. My suite 2800 consisted of one room, and when
they met with me, it was in the capacity of an attorney-client situa-
tion, and not in the capacity of the Fund.
Mr. Scherer. How do you explain then, Witne.ss, that The Fund for
Social Analysis used yoiir suite as its headquarters and announced
your suite as its headquarters on its stationery ^
Mr. Needleman. That was their mailing address, my office.
The Chairman. Were you a member of the organization ?
Mr. Needleman. No, sir.
Mr. Walsh. Did they ever pay any rent to you for tlie use of the
office, suite 2800?
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 105
Mr. Needleman. No, sir. They never paid me a fee, either.
Mr. Walsh. Did they have any cabinets ?
Mr. FoRER. That is a little un-American, just between us.
Mr. Walsh. Mr. Needleman, were they privileged to have in your
office, cabinets or filing cabinets ?
Mr. Needleman. No, sir.
Mr. Walsh. Did they ever keep any books of account that you know
of, in your office, not in your representative capacity, but did you
see any books of account that they had ?
Mr. Needleman. No, sir. I don't know whether it would come
under the category of books of account, but the bank statements used
to come to my office.
Mr. Walsh. How about mail ?
Mr. Needleman. The mail used to come to my office, and I just
indicated that.
Mr. Walsh. What did you do with the mail when it came to your
office?
Mr. Needleman. Well, I think that is a violation of the attorney-
client relationship.
Mr. Walsh. To whom was the mail addressed when it did come ?
Mr. Needleman. The Fund for Social Analysis, suite 2800.
Mr. Walsh. Was it ever addressed to Annette Rubinstein?
Mr. Needleman. To my knowledge^ the mail — I didn't pay too much
attention to every piece of mail, but smce the address of the Fund was
165 Broadway, New York 6, suite 2800, that is the way I would say
the overwhelming majority of the mail came, and if there were a letter
addressed to an individual, it is possible, but I couldn't tell you tliat
that was the fact.
Mr. Walsh. ^Vhere did you leave the mail in the office ?
Mr. Needleman. It was left on a table.
Mr. Walsh. And it was only one room ?
Mr. Needleman. That is correct,
Mr. Walsh. And then who would come in and pick up that mail ?
Mr. Needleman. Anyone could come in.
Mr. Walsh. Would Dr. Rubinstein come in and pick it up ?
Mr. Needleman. I couldn't tell you that.
Mr. Walsh. Did you ever see her come in ?
Mr. Needleman. No.
Mr. Walsh. Did you ever see Harry Magdoff come in and pick up
any mail ?
Mr. Needleman. No.
Mr. Walsh. Did you ever see Irving Kaplan, the treasurer, come in
and pick up any mail ?
Mr. Needleman. No, sir.
Mr. Walsh. Addressed to The Fund for Social Analysis ?
Mr. Needleman. No. Well, now, Irving Kaplan would pick up, I
saw him pick up the bank statements. Not always, but since you say
"ever," I did.
Mr. Scherer. Who handled the funds for this Social Analysis
Fund?
Mr. Needleman. I think that is an attorney-client privilege.
Mr. Scherer. I ask you to direct the witness to answer.
The Chapman. You are directed to answer the question. ^
106 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Mr. Needleman. I think that is a clear invasion of an attorney-
client privilege, as to who handled funds of an organization.
The Chairman. I have directed you to answer the question. Do
you refuse to answer the question ?
Mr. Needleman. Just a moment. I will consult counsel. That is
what I pay him for.
(The witness conferred with his counsel.)
Mr. Forer. Was the question, Wlio handled the funds ?
Mr. ScHERER. Read the question back. Let us get the record
straight.
f The pending question was read by the reporter.)
(The witness conferred with his counsel.)
Mr. Needleman. The only way I know, as an attorney, who was in
charge of the funds or who handled the funds, is what one of the peo-
ple told me, and I helped him fill out the bank cards and so on, that
you have to submit to the bank, and I filled it out as an attorney. He
came to me, and he said, "How do you open an account, and so on,"
and I think that that is a legal transaction that comes within the
province of attorney-client relationship, and I ask you to reconsider,
Mr. Walter, whether that isn't so.
The Chairman. No ; I don't think it is. The mere mechanical op-
eration of filling out of a deposit slip, in nowise
Mr. Needleman. Not a deposit slip, the opening of the account,
and the consultation.
The Chairman. We are not asking you about anything except who
handled the funds, that is all.
Mr. Forer. The only way he knows about it is what a client told
him.
The Chairman. No ; he sat in on this and he was a part of it.
Mr. Needleman. I said I was not a member of the Fund and I am
not a member of the Fund.
Mr. Forer. The reason he asked you to reconsider was that he is
just informing you that the only way he knows the answer to this
question is from what an individual to whom he was counsel, told him.
The Chairman. Well, the Qiair doesn't think that this is a violation
of the rule with respect to the relationship of the attorney-client and
you are directed to answer the question.
Mr. Forer. I wonder if we could have time to research that. Mr.
Needleman doesn't want to be in a situation where on the one hand
he doesn't want to be in contempt of the committee, and on the other
hand he doesn't want to violate his obligation as an attorney, and you
are putting him in a pretty difficult situation.
The Chahiivian. I don't know who is going to be hurt when we find
out who deposited the money and who handled the money.
Mr. Forer. He would be hurt if he violated the attorney-client
privilege.
The Chairiman. All right, answer the question.
(The witness conferred with his counsel.)
Mr. Needleman. Would you care to hold that in abeyance and 1
will write you an answer to that after I
The Chairman. We have looked into this very question.
Mr. Needleman. My answer is that I protest being compelled to
talk about an attorney-client relationship, and that is the first ground
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 107
of my answer, and the second ground is that it is a violation of my
rights under the first and fifth amendment to the United States
Constitution.
Mr. Walsh. Mr. Needleman, a few questions back you said that
the bank statements that came into the office were picked up by Irving
Kaplan ?
Mr. Needleman. Yes, sir.
Mr. Walsh. Is that correct ?
Mr. Needleman. Yes, sir, I did.
Mr. Walsh. And do you know, without violating any confidence
between lawyer and client, whether or not he was the treasurer of The
Fund for Social Analysis ?
Mr. Needleman. Without violating confidence of attorney-client,
I do not know.
Mr. Walsh. And Annette Kubinstein never told you that he was
the treasurer ?
Mr. Needleman. Whatever she told me would be an attorney-client
relationship, especially since I questioned her very thoroughly before
I represented her before this committee on May 31.
Mr. Walsh. Other than the attorney-client relationship, have you
any information or knowledge that you could give this committee as to
whether or not Annette Rubinstein is a member of the Communist
Party?
Mr. Needleman. I do not know.
Mr. Walsh. Or was?
Mr. Needleman. I do not know.
Mr. Walsh. Have you any information with reference to Harry
Magdoff?
Mr. Needleman. The same answer.
Mr. Walsh. That he was or is a member of the Communist Party ?
Mr. Needleman. The same answer.
Mr. ScHEKER. What is the same answer ?
Mr. Needleman. That I do not know. He asked whether I knew
she was a member of the Communist Party and my answer is, I do
not know, and I do not know about Mr. Harry Magdoff.
Mr. Walsh. Do you know as to Irving Kaplan, whether he was a
member of the Communist Party ?
Mr. Needleman. I do not know.
Mr. Walsh. Now, was any stenographic work done in your office
by The Fund for Social Analysis ?
Mr. Needleman. No, sir.
Mr. Walsh. Did they have a typewriter there?
Mr. Needleman. No, sir.
Mr. Walsh. They had no books or records there ?
Mr. Needleman. No, sir.
Mr. Walsh. They had no filing cabinet there ?
Mr. Needleman. No, sir.
Mr. Walsh. The only thing that they did there was to pick up their
mail?
Mr. Needleman. That is correct.
Mr. Walsh. Did they ever have any meetings there of The Fund
for Social Analysis?
108 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
•
Mr. NiEEDLEMAN. No, sii".
Mr. Walsh, Did you ever confer with them in your office, and. I am
now referring to Kaplan, Magdoff, and Rubinstein, in your repre-
sentation as an attorney for them ?
Mr. Needleman. When they were subpenaed, I represented Annette
Rubinstein and they conferred in my office and I represented Irving
Kaplan and they conferred in my office; and Mr. Magdoff was also
under subpena, and at one time there was a question whether I would
represent him, and, in fact, I called this committee for an adjournment
on his behalf, so that he consulted with me thereafter. Mr. Magdoff
appeared by separate counsel.
Mr. ScHERER. You said they were in your office after they were sub-
penaed by this committee. Weren't they in your office before that ?
(The witness conferred with his counsel.)
Mr. Needleman. Well, as counsel for the Fund, I have consulted
with them.
Mr. Walsh. In your office?
Mr. Needleman. Sometimes in my office, and sometimes out.
Mr. ScHERER. No meetings were held in your office by The Fund for
Social Analysis?
Mr. Needleman. Not one, Mr. Scherer.
Mr. Scherer. "Where were the meetings held ?
Mr. Needleman. Don't say you don't believe me.
Mr. Scherer. What is that ?
Mr. Needleman. Don't say you don't believe me.
The Chapman. Now, you are not a mind reader.
Mr. Needleman. I am under oath.
Mr. Forer. To clarify the record, he did meet with them as an at-
torney, in the sense those might be meetings.
Mr. Needleman. I already said that.
The Chairman. He stated that.
Mr. FoRER. You were referring to any other meetings ?
Mr. Scherer. I think my question was plain.
Mr. Tuck. Did you say you were not paid any fee ?
Mr. Needleman. No, sir.
Mr. Tuck. Was any arrangement made for the payment of any fees ?
Mr. Needleman. No, sir ; I decided that since all of the moneys that
they collected went to awards, every penny, that no penny was paid
to anyone for any kind of services, I decided that I would not bill
them for my services.
Mr. Scherer. Did you consider your services as a contribution on
your part to the Commimist Party ?
Mr. Needleman. No, sir.
Mr. Scherer. Isn't that the truth ?
Mr. Needleman. That is not the truth, and it would just be like you
to ask that kind of a question when you know there was not evidence
to that effect.
Mr. Scherer. Are you a member of the Communist Party ?
Mr. Needleman. That is not pertinent to this inquiry, is it ?
Mr. Scherer. Are you?
Mr. Needleman. I don't want to tell you because it is not pertinent
to this inquiry.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0 109
Mr. ScHERER. I ask you to direct the witness to answer the question.
The Chairman. We will get around to that in a minute. Go ahead,
Mr. Walsh.
Mr. Walspi. Did you have anything to do with the preparation of
any Federal income tax for the Fund ?
Mr. Needleman. No; I did not.
Mr. Walsh. Did the Fund ever file an income tax return ?
Mr. Needleman. There was a question raised by the tax people, and
that matter was turned over to a tax attorney, whose name, by the way,
slips my mind just now, but they had tax advice that they did not,
under the setup they had, they did not have to file a return.
Mr. Walsh. Can you refresh your memory at this time and tell us
the name of the attorney with whom they ct)nsulted with reference to
income tax ?
Mr. Needleman. I really couldn't.
Mr. Walsh. Is he in the city of New York ?
Mr. Needleman. Let me tell you what happened. There was a
taxman, a man from Internal Revenue came to my ofHce and asked
about the tax question, and I said I had nothing to do with the taxes
and I was not a tax attorney, but I would communicate with my
client, and let him know.
Mr. Walsh. With whom did you communicate?
Mr, Needleman. Well, that, I think, is a privileged communication.
Mr. Walsh. You were merely telling tnem that tlie income tax
people were coming in ?
Mr. Needleman. Whatever I was telling them is an attorney-client
relationship, you would recognize that.
Mr. Walsh. Did you ever prepare any State income tax returns for
them ?
Mr. Needleman. None.
Mr. Walsh. And you have no recollection, at this time, of the indi-
vidual or the lawyer who did prepare the income tax or of conferences
with the Internal Revenue ?
Mr. Needleman. I never had any conferences with the taxman, and
I don't know who did consult them about the taxman.
Mr. Walsh. By taxman, you refer to the lawyer that they hired?
Mr. Needleman. That is right.
Mr. Walsh. Can you get that inf onnation, and send it in, please ?
Mr. Needleman. I will try to get it for you.
Mr. Walsh. Did they have any original books of account that you
told them to take to this attorney, who would prepare or would argue
with the Internal Revenue, whether or not they should or should not
file an income tax return ?
Mr. Needleman. I had nothing to do with that and I don't know
of any.
Mr. Walsh. You never saw any books of account in your office ?
Mr. Needleman. No, sir.
Mr. Walsh. You never saw any resolutions with reference to the
granting of moneys to individuals ?
Mr. Needleman. In my office ; no, sir.
Mr. Walsh. Where were these papei-s kept, do you know ?
Mr. Needleman. I don't know. What papers are you referring to ?
Mr. Walsh. The correspondence, resolutions, letters from The Fund
of Social Analysis to a grantee, and that type of thing.
110 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Mr. Needleman. I don't know about that.
Mr. Walsh. Do you know who picked up the letters other than the
fact that Mr. Kaplan did pick up the bank statements — these other
letters ?
Mr. Needleman. I don't know,
Mr. Walsh. Did you ever forward these letters to
(The witness conferred with his counsel.)
Mr. FoRER. We are not clear what your question was, something
about picking up mail ?
Mr. Walsh. He has testified that a Mr. Kaplan did pick up bank
statements, and I am now asking him who picked up the other letters
that were delivered to his suite at 165 Broadway.
(The witness conferred with his counsel.)
Mr. FoRER. I don't know whether the record shows an answer to that
question.
Mr. Walsh. It doesn't as yet.
Mr. FoRER. I didn't think that he answered it.
Mr. Needleman. Previously I gave the answer to that question, that
it violated an attorney-client privilege.
Mr. Walsh. I am asking whether you visually saw an individual
come in the office and pick up the papers.
Mr. Needleman. No, sir, if that is your question, the answer is "No,"
sir.
Mr. Walsh. Did you ever handle them yourself, these letters and
correspondence, so addressed ?
Mr. Needleman. No, sir.
Mr. Walsh. Have you ever interviewed any individuals who were
seeking grants from The Fund for Social Analysis?
Mr. Needleman. The answer I have to give is this : People would
come up, and they had seen the advertisement, either in a learned
journal or some other periodical, or on the bulletin board of one of
the universities, and instead of writing, as the notice requested them
to do, they would come up and see me.
Mr. Walsh. They would see you ?
Mr. Needleman. Well, I would be in the office, the only one, and
I would say to them, "The procedure is for you to write a letter stating
your qualifications, and then it will be processed and passed upon."
And that is the only kind of interview I had. I never interviewed
anyone as to his qualifications to receive a grant or as to his compe-
tence in any special field. All I did was tell them that this is the way
you go about it.
Mr. Walsh. Did the people whom I have mentioned, Kaplan, Mag-
doff, and Rubinstein, confer with you as to the qualifications of an
applicant for a grant ?
Mr. Needleman. No, sir.
Mr. Walsh. For how long, in years, have you been representing
The Fund for Social Analysis?
Mr. Needleman. Since it was founded about 2% years ago, and I
can't tell you the exact date.
Mr. Walsh. Now, could you tell us who was the first individual
that came to you at that time and asked you whether or not you
would represent The Fund for Social Analysis, as a lawyer ?
SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0 111
Mr. Needleman. There was no such arrangement, a single
individual.
Mr. Walsh. You had known Irving Kaplan and Harry Magdoff
and Annette Kubinstein for quite some time prior to the time that
they came to you and asked for mailing space in your office?
Mr. Needleman. Yes.
Mr. Walsh. How long had you known Annette Kubinstein prior
to the time that they came to you to hire you as their attorney for
The Fund for Social Analysis ?
(The witness conferred with his counsel.)
Mr. Needleman. I have known her about 15 or 20 years.
Mr. Walsh. 15 or 20 years?
Mr. Needleman. Yes, sir.
Mr. FoRER. He has known her about 15 or 20 years.
Mr. Walsh. How long have you known Harry Magdoff ?
Mr. Needleman. I would sa}^ about 25 years.
Mr. Walsh. And Irving Kaplan ?
Mr. Needleman. Over 25 years.
Mr. Walsh. Have you ever heard, knowing these individuals as
long as you have, that any of them, referring to Irving Kaplan, Harry
Magdoff, and Annette Rubinstein, that they were members of the
Communist Party?
Mr. Needleman. I know that years ago there was such a charge,
but I personally did not know that.
Mr. Walsh. Would you just inform the committee what you heard ?
Mr. Needleman. No, I will not inform the committee what I heard,
because it goes back 25 years ago, and I don't know.
Mr. Walsh. Will you inform the committee as to the person you
heard about ?
Mr. Needleman. There were hearings before this committee and
there were hearings before other committees, and I know that they
were in the press.
Mr. Walsh. Did you also hear that they took the fifth amend-
ment at these various hearings, including this one ?
Mr. Needleman. I was there when they took it.
Mr. Walsh. You know that of your own personal knowledge?
Mr. Needleman. Yes, sir.
Mr. Walsh. At the time that they came to you to represent them
and The Fund for Social Analysis, were you a member of the Commu-
nist Party ?
Mr. Needleman-. I don't see that that is pertinent, Mr. Walsh. Do
you want to smear me now ?
Mr. Walsh. I am not smearing anybody, I am asking you a
question.
Mr. Needleman. I don't think that is pertinent to the Fund.
Mr. ScHERER. I ask you to direct the witness.
The Chahiman. You are directed to answer the question.
Mr. Needleman. You would ask the chairman to send me to jail,
if you could.
The Chairman. Well, answer the question.
Mr. Needleman. Isn't that a fact, you are smiling, but that is a
fact.
72930—61 9
112 SUBVERSIVE ACTIVITIES CONTROL ACT OF 19 50
Mr. JoHANSEN. I will ask the chairman that the witness be directed
to answer the question.
The Chairman. I directed the witness to answer the question.
Mr. Needleman. I would like to consult counsel.
(The witness conferred with his counsel.)
Mr. Needleman. I respectfully decline to answer that question, first,
on the ground that it is an attempt to expose me or smear me as an
attorney, solely for the purpose of exposure, and it has no relevancy
to this inquiry as to the Fund, and I indicated to the committee that
I wasn't a member of the Fund and, therefore, whether or not I were
a member of the Communist Party could not possibly affect your
investigation of this Fund. So it is a smear and indirectly attempt-
ing to interfere with my attorney-client relationship.
I also decline to answer that question on the constitutional privilege
of the first and fifth amendments.
The Chairman. This committee has been informed, and we have
every reason to believe that our information is correct, that you,
together with others, organized this Fund for Social Analysis, and
we would like to know something about it. We have also received the
allegation that you, and everyone connected with The Fund for
Social Analysis, are Communists and it is our duty, under the mandate
of the Congress, when this committee was constituted by unanimous
vote, to look into this very question.
Is this allegation concerning you and your associates correct?
Mr. Needleman. Now, Mr. Walter, whatever your rights may be
to investigate people connected with the Fund
The Chairman. I am not talking about rights now, I am talking
about duties. Is our information, as a result of wliich you are here,
is our information correct ?
Mr. Needleman. Mr. Walter, I can understand you hnve a duty,
if you are investigating the Fund, to know about the Fund people.
The Chairman. Will you answer my question ?
Mr. Needleman. How does it affect me, who has told you that I
was attorney for the Fund ?
The Chairman. Will you answer my question ? Is this allegation
that you, and everyone connected with The Fund, got together and
set up this organization and that all of you are Communists ? Is that
correct ?
Mr. Needleman. I will stick by the answer I just gave.
The Chairman. "Wliat is that answer?
Mr. Needleman. Do you want me to repeat it or do you want to
have him read it ?
The Chairman. You declined to answer on the grounds of the first
and fifth amendments of the Constitution ?
Mr. Needleman. That it is not relevant, material, and pertinent,
and on the grounds that it violates my attorney-client privilege and
it is an attempt to smear me and also on the first and fifth amend-
ments.
The Chairman. It is not an attempt to smear you at all.
Mr. Needleman. You don't need information as to whether I am
a Communist, when you are investigating a fund, Mr. Walter. Don't
kid me, or don't kid the public. This is an attempt to smear me.
The Chairman. What purpose would we have in smearing you?
We are merel v asking vou.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 195 0 113
Mr. Walsh. Mr. Needleman, did you know a man by the name of
John Lautner, when he was head of the New York State Control Com-
mission of the Connnunist Party in 1947 until he was expelled from
the party, in 1950 ?
(The witness conferred with his counsel.)
Mr, Needleman". I will decline to answer.
Mr. Walsh. Do you understand the question ?
Mr. Needleman. Yes; and I decline to answer that question on
the grounds previously stated.
Mr. Walsh. Were you a member of Section 22 of the Communist
Party, when Sam Brown was the head of that ?
Mr. Needleman. Now, this is not a smear ; is it ?
Mr. Walsh. I am asking you a question.
Mr. Needleman. What relevance has that question to the purposes
enunciated by the chairman? I know you are asking me a question,
but tell me what relevance it has? I am not a member of the Fmid
and I testified under oath I am not a member of the Fund.
Mr. DoTi^. May I ask, don't you think that under our assignment
by Congress, that it is always pertinent for us to ask a man whether
or not lie is a Communist ?
Mr. Needleman. No ; I do not.
Mr. Doyle. Isn't that part of our duty ?
Mr. Needleman. No ; I do not. As I understand it, a person has a
right to be a Communist if he wants to be without this committee
inquiring as to his political affiliations, and it is only when you have a
legitimate legislative purpose.
Mr. DoTLE, I won't argue with you.
Mr. Needleman. You mean you could pick a man off the street and
call him in and say, "Are you a Communist?" Do you concede that
to be your duty, JNIr. Doyle ?
Mr. DoTLE. No ; of course not.
Mr. Needleman. Well, that is what you are saying.
Mr. Doyle. You Iniow better than that.
Mr. Needleman. That is what you said.
Mr. Doy^le. Why do you make light of a thing like that ? You know
better than that.
Mr. Walsh. Will you answer the pending question ?
Mr. Needleman. I decline on the same ground previously stated.
Mr. Walsh. "VYlien Mr. Lautner was the head of the State Con-
trol Commission of the Communist Party, did you intercede with him
at a restaurant on 12th Street and University Place in the city of
New York for a woman by the name of Miriam Moskowitz, who was
the secretary to Abraham Brothman?
Mr. FoRER. May we have the date when this was supposed to occur ?
Mr. Walsh. Iii 1948.
Mr. Needleman. I decline on the same ground.
The Chairman. Let us proceed, Mr. Walsh.
Mr. Walsh. I show you, Mr. Needleman, a photostatic document of
a form which must be filed under the Foreign Agents Registration Act
of 1938, as amended, with the Department of Justice, and ask you to
look at that and tell me whether or not you recognize it; filed Novem-
ber 7, 1960.
114 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
(The document was handed to the witness.)
(The witness conferred with his counsel.)
Mr. FoRER. You are not going into a completely different organi-
zation, are you?
Mr. Needleman. This is the Four Continent Book Corporation,
and you are not investigating them at this moment.
Mr. Walsh. I am asking you whether or not you recognize the
document ?
Mr. Needleman. I think clearly this question has nothing to do
with this investigation, and it is practically an impertinent question,
and certainly irrelevant and I decline to answer on that ground.
Mr. ScHERER. I ask you to direct the witness to answer the question.
Mr. Doyle (presiding). You are directed to answer the question,
Mr. Witness.
Mr. FoRER. Are you the chairman now ?
Mr. Doyle. Just for a minute or two, while the chairman is busy
in another part of the hearing room.
Mr. Needleman. Yes ; I recognize this document.
Mr. Walsh. May I have this document marked "Needleman Ex-
hibit No. 1."
(Document marked "Needleman Exhibit No. 1," for identification
purposes, and retained in committee files.)
Mr. Needleman. Would you hold it a moment? I want to make
a note of the exhibit.
Mr. Walsh. Exhibit No. 1 was filed on November 7, 1960.
Mr. FoRER. That is a registration of the Four Continent Book Shop ;
is that right, a corporation ?
Mr. Walsh. Yes.
Mr. FoRER. A corporation to distribute books, or something?
Mr. Walsh. That is correct.
I now show you another photostatic document filed with the De-
partment of Justice under the Foreign Agents Registration Act of
1938, and ask you whether or not you recognize that form filed
November 25, 1960?
(The document was handed to the witness.)
(The witness conferred with his counsel.)
Mr. Needleman. Mr. Chairman, in answer to the question whether
I recognize this, I would like you to take a look at it and see whether I
am not correct in objecting to this on the ground that it is totally
irrelevant to the purposes which you enunciated. It has to do with
Four Continent Book Corporation and I would like you to look at it
and see if it isn't irrelevant.
The Chahiman. We are the judge of the pertinency of evidence, and
we think that this is pertinent. If you don't care to answer it for
constitutional reasons, that is your privilege, but as far as relevancy
and pertinency are concerned
Mr. Needleman. It is a new corporation entirely, and you didn't
even mention this company.
The Chahiman. I understand.
Mr. Needleman. The answer is "Yes."
(Document marked "Needleman Exhibit No. 2," for identification
purposes, and retained in committee files.)
Mr. Walsh. And I show you page 3 of Exhibit 2, and ask you
whether or not that is a photostatic copy of your signature there ?
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 115
Mr. Needleman. That is my signature.
Exhibit 2 was my own statement, is that right ?
Mr. Walsh. Yes, as the agent for the Four Continent Book Corpo-
ration. Would you be kind enough to tell the committee what the
Four Continent Book Corporation is and what it does ?
Mr. Needleman. I am the attorney for the Four Continent Book
Corporation and it is a violation of my attorney-client privilege to
discuss any dealings I have with them. Yes, I am on the board, too,
but I am the counsel for them.
Mr. Walsh. I am not asking you what advice you give them, I am
asking you what the Four Continent Book Corporation does and what
its function is.
Mr. Needleman. It sells books which it imports from Russia. It
may import other books, I don't know, but I know the main part of its
business is books imported from Russia, which it sells here.
Mr. Walsh. I notice on Exhibit 1, the following individual listed
as director, pursuant to the Foreign Agents Registration Act of 1938 :
Serge P. Ushakoff.
Mr. Needleman. Yes.
Mr. Walsh. He is president and treasurer ; is he not ?
Mr. Needleman. Yes, sir.
Mr. Walsh. Who is he?
Mr. Needleman. He is president and treasurer of Four Continent
Book Corporation.
Mr. Walsh. What other business is he in, if you know ?
Mr. Needleman. I should say I knew he once was in the fur business,
but at the moment that is the only business I know him to be in.
Mr. Walsh. How did he become president and treasurer of the Four
Continent Book Corporation ?
Mr. Needleman. In the light of what I have told the committee,
that I am counsel for Four Continent Book Corporation, is this a
pertinent question, or is this a question that doesn't violate the
attorney-client relationship ?
The Chairman. I think it is entirely material, if you ask me.
Mr. Walsh. Are you not also a director of this Four Continent
Book Corporation?
Mr. Needleman. The same thing, the same answer, I object to it, it
is irrelevant to the purposes of this inquiry, and it violates the
attorney-client relationship.
Mr. Walsh. Now, Mr. Needleman, I also notice on Exhibit No. 2,
under section 9, that you are also legal advisor to the Amtorg Trad-
ing Corporation, on a "per matter basis," is that true ?
Mr. Needleman. That is true.
Mr. Walsh. I also notice, sir, that on Exhibit 2, page 2, Question
No. 5, which you are supposed to answer :
All clubs, societies, committees, and other nonbusiness organizations in the
United States or elsewhere, including any active or reserve military or naval
forces, of which you have been a member, director, officer, or employee during
the past 2 years.
Your answer to Question 5 in Exhibit No. 2 is :
I INVOKE 5TH AMENDMENT AS TO THIS QUESTION.
Did you so state in this application ?
Mr. Needleman. Yes.
116 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Mr. Walsh. I also note here that your full name is Isidore
Gibby
Mr. Needleman. You knew it before, I told you.
Mr. Walsh. Did John Lautner also call you "Gibby" when you
knew him, as I asked you before?
.^' Mr. FoRER. The record doesn't show it.
Mr. Walsh. He took the fifth amendment on that, and I am asking
him whether John Lautner called him "Gibby".
Mr. Needleman. I give the same answer to that as I gave when
you asked me about Mr. Lautner.
Mr. Walsh. Is it true that the Four Continent Book Corporation
imports all Soviet printed books and magazines into this country 2
Mr. Needleman. I have no objection to answering that.
Mr. Walsh. Which contain propaganda matter ?
Mr. Needleman. I don't read the stuff, but I still think this is
going far afield, and has no relevancy to the purposes which you
enunciated.
Now, Mr. Chairman
The Chah^man. Just a minute, this is directly to the point.
Mr. Needleman. I am called in reference to the Fund.
The CHAniMAN. Oh, no.
Mr. Needleman. Do you want an answer to that. I will answer it
and I don't want to get into an argument. What is the question,
please ?
(The pending question was read by the reporter.)
' Mr. Needleman. I know it imports books obtained from the Soviet
Union, and I do not know what those books contain except that I
have bought books that didn't contain Communist propaganda, like
the dictionary, but beyond that, I do not Iniow the contents of the
books.
i Mr. Doyle. Is that the Soviet dictionary ?
Mr. Needleman. The Russian dictionary, Russian-English diction-
ary, and it has both. At one time I thought I would study Russian,
but it is too hard.
Mr. Walsh. Mr. Needleman, on that first form. Exhibit 1, the name
of the foreign principal, and I will have to just spell it, is Mezhduna-
rodnaja Kniga. Do you know who that is or what corporation it is?
Mr. Needleman. Again, I want to say I have no objection to an-
swering it, Mr. Walsh, but I think it is going far afield to ask
Mr. Walsh. Will you answer the question ?
Mr. Needleman. — to ask the relationship between myself as an
attorney for Four Continent Books. It is the organization, to the
best of my laiowledge, it is the organization that handles books, pub-
lishing— not publishing, but distribution of books from the Soviet
Union.
Mr. Walsh. In other countries?
The Chahiman. The distribution of books from the Soviet Union?
Mr. Needleman. Yes, it handles books that are distributed from
the Soviet Union, not only to the United States, but all over, and I
understand that is the general distribution agency in the Soviet Union.
This is based on hearsay, and I never met them.
Mr. Walsh. You are a director of this corporation ?
Mr. Needleman. I am a formal director, to make three.
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 117
Mr. Walsh. You are a director?
Mr, Needleman. Yes, sir.
Mr. Walsh. But does this corporation that I have just spelled
out for you, and I can't pronounce it, is that located in the Soviet
Union ?
Mr. Needleman. Yes, sir.
Mr. Walsh. And does that corporation own any of the stock of the
Four Continent Book Corporation ?
Mr. Needleman. No, sir.
Mr. Walsh. Who are the principal stockholders of this Four Con-
tinent Book Corporation ?
Mr. Needleman. I believe only Mr. Ushakoff owns all of the stock,
but don't hold me in contempt or perjury if Mrs. UshakoH' holds a
fews shares.
Mr. Walsh. She is also a director ?
Mr. Needleman. Yes, sir.
Mr. Walsh, Do you own any stock ?
Mr. Needleman. No, sir.
Mr. Walsh. Is it also one of the functions of the Four Continent
Book Corporation to make purchases of books, magazines — technical
and scientific and trade magazines — and send them to the Soviet
Union or to this corporation which owns the Four Continent Book
Corporation ?
Mr, Needleman. It used to do a lot of that, and I think it does not
do as much now, I think Ave will refer to that big name as "MK," as it
is generally known by, that this organization places orders direct with
publishers here, but they do do some of it, still.
Mr. Walsh. Do you have anything to do with the placing of the
orders with scientific magazines or business magazines?
Mr. Needleman. Nothmg,
Mr. Doyle, Do you know the other continents to which these books
are distributed through this corporation? What other continents,
or is there any significance in its name, "Four Continent" ?
Mr. Needleman, No; they just happened to pick that.
Mr. Doyle. It is just the United States ?
Mr. Needleman. Yes, sir.
Mr. FoREK. I wish you would ask him, my curiosity is killing me,
I want someone to ask him, why not five contments.
Mr, Scheker, You can ask him.
Mr. Needleman. I didn't represent them when it was incorporated.
Mr. Walsh. Are you now a member of the Communist Party, sir ?
Mr. Needleman. Smile when you say it. I will decline to answer
on the same grounds previously stated.
The Chairman, Is that all ?
Mr. Walsh. That is all.
Mr. Doyle. I have a question. As you know, I was an attorney
before I came to Congress about 15 years ago, and I am interested in
your statement that you were counsel for these witnesses you repre-
sented here in May, and I was present part of the time.
When did the relationship of attorney and client between you and
the Fund, which you have testified was a loose group — when was that
relationship established ?
118 SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950
Mr. Needleman. Eight from the organization of the Fund— from
the commencement of the activities of the Fund.
Mr. Doyle. When was tliat ?
Mr. Needleman. About 21/2 years ago, and I don't want to be held
to the date, and I can't recall the exact date.
Mr. Doyle. Wlio was present at that organization meeting, besides
you ? *"
Mr. Needleman. Several of the individuals.
Mr. Doyle. Who?
Mr. Needleman. I think as to that, it is an attorney-client relation-
ship.
Mr. Doyle. How did you know that the mail, which you stated Mr.
Kaplan picked up on the table in a room in your office, was bank
statements ?
Mr. Needleman. They come in a large yellow envelope, easily rec-
ognizable, and it has the bank name on it.
Mr. JoHANSEN. I have just one or two questions.
Oyer how long a period was the mail for The Fund for Social
Analysis received in your office ?
Mr. Needleman. Ever since its inception, which I indicated mv best
recollection is about 2i^ years.
Mr. Johansen. And yet I want to establish that it is your testimony
that at no tune, never, did you see anyone pick up that mail ?
Mr. Needleman. That is correct.
Mr. Johansen. Was it by prearrangement, so that you wouldn't
be there when it was picked up ?
Mr. Needleman. No, sir.
Mr. Johansen. That is all.
The Chairman. That is all. The committee will stand adiourned
( Whereupon, at 11 :15 a.m., Wednesday, August 16, 1961, the sub-
committee was recessed, subject to call of the Chair )
INDEX
Individuals
A Page
Albertson, William 78
Allen, James S 77
Aptheker, Herbert 1, 2, 19, 20, 28, 51, 52, 56, 60, 63, 71-83 (testimony), 84
B
Baran, Paul A 1, 28, 48, 60
Bittelman, Alexander (alias Raphael) 74
Blumberg, Albert (Emanuel) 75
Boudin, Leonard B 61
Brothman, Abraham (Abe) 113
Brown, Sam 113
C
Canon, Robert Wishart 64
Coe, Frank. (See Coe, Virginius Frank.)
Coe, Virginius Frank 15, 33, 57, 62, 95
Colon, Jesus 77
D
Davis, Benjamin J 74
Dennis, Eugene 74
D'Long, Samuel 77
Dorfman, Philip 94
Dunham, Barrows 2, 22, 29, 94-98 (testimony)
Durham, Earl (L.) 75
E
Emspak, JuUus ^ (aUas Juniper) 22
F
Faulkner, Stanley 71
Finkelstein, Sidney 77
Fine, Fred M 74, 75
Flynn, EHzabeth Gurley 74
Forer, Joseph 101
G
Gannett, Betty 78
Gates, John 75
Gluck, Jonah 77
Green, Gil (Gilbert) 74
J
Jackson, James (E.) 74
Jerome, V. J. (Victor Jeremy) (born Jerome Isaac Remain; also known as
Roman) 74
Johnson, Arnold 74
K
Kaplan, Irving 1, 7, 8, 15, 22,
29, 33, 36-54 (testimony), 62, 103-105, 107, 108, 110, 111, 118
Keeney, Mary Jane (Mrs. Philip O. Keeney) 14-16
Klein, Henry 77
'AppearSjasJJules.
ii INDEX
L Page
Lane, Joseph 78
Lautner, John 2, 113, 116
Lewis, Gordon K 28
Lumer, Hyman 74, 77, 80, 84
M
Magdoff, Harry Samuel 1, 2, 7, 8, 15, 22, 29, 33,
47, 54-61 (testimony), 62, 69, 70, 83, 104, 105, 107, 108, 110, 111
Moon, Rexford G., Jr 85
Moore, Stanley Williams 2, 15, 33, 58, 61-65 (testimony), 83
Moskowitz, Miriam 2, 113
Murray, James E 85
N
Needleman, Isidore Gibby 2, 0. 36, 59, 60, 97, 101-118 (testimony)
Nixon, Russell Arthur 2, 15, 22, 29, 33, 57, 62, 65, 66-71 (testimony)
. ' O
Owen, Marjorie Jean (Mrs. Homer Leroy Owen) 63, 64
P
Patterson, William 77
Perlo, Victor 78
Perry, Pettis 74
Potash, Irving 74
R
Rubinstein, Annette T 1,
6-36 (testimony), 54, 57, 62, 99, 104, 105, 107, 108, 110, 111
S
Selsam, Howard 78
Shoul, Bernice 29
Sklar, Martin J 28
Stein, Sid 74
Sweezy, Paul M 28
T
Thompson, Robert (Bob) 74
U
Ushakoff, Serge P 115, 117
Ushakofif (Sofia) (Mrs. Serge P.) 117
W
Walsh, J. Raymond 15, 33, 62
Weinstock, Louis 74
Williams, WilHam Appleman 28
Winston, Henry 74
Organizations
A
Academy Hall (New York City; 76
Amalgamated Bank of New York, The 1, 7, 8, 37, 42, 44
American Christian Youth Movement 87
American Committee for Protection of Foreign Born 4, 100
American-Russian Trading Corp. (Amtorg) 115
American Youth Congress 86, 87
Amtorg. (See American-Russian Trading Corp.) - -
B
Barnard College (New York City) 61,63
Birch Society. (See John Birch Society.)
INDEX
CIO. (See Congress of Industrial Organizations.) I'aee
Cambridge University (England) , 62
Charles University (Prague, Czechoslovakia) 32
College Scholarship Service 85
Columbia University (New York City) 62, 72
Committee for a Sane Nuclear Policy (SANE) 86
Communist Party of the United States of America:
National Structure : _ . , -^o , -.-.j:.: t\ - ., 1 1 .i , '
Administrative Committee '^'^^--,ui^liTi-i'^^J--4^ 74, 75
Education Committee 75
Executive Committee 74
National Committee 1,2, 19,20,52,56,63,68,72-75,81,84
Appeals Committee 74
Committee on Publications 74
National Conventions and Conferences:
Sixteenth Convention, February 9-12, 1957, New York City 74
States and Territories:
New York State:
Control Commission 2, 113
New York City Area: il-iu*"! > (i;>jUu
New York County (Manhattan) : ■ -
Section 22 113
Oregon:
Portland:
Financial Commission ^_ 63, 64
Professional Club 63, 64
Congress of Industrial Organizations (CIO) ^ — 86
E
East River Savings Bank of the City of New York 18, 19, 39, 43-45, 48, 53
Electrical, Radio & Machine Workers of America, United (UE) 66,70
F
Faculty of Social Science, The . 2, 32, 33, 81, 82
Fellowship of Reconciliation 86
Four Continent Book Corp 114-117
Four Continent Book Shop. (See Four Continent Book Corp.)
Friends {See Religious Society of Friends.)
Fund for Social Analysis, The 1-118
Administrative Committee 7-9, 11, 55
Board of Directors 18, 57
Committee on Awards 2,
8, 13, 15, 22, 23, 25-28, 33, 50-53, 55-58, 61, 62, 66, 68, 72, 94^97
G
Guggenheim Foundation. {See John Simon Guggenheim Memorial Foun-
dation.)
H
Harvard University 62, 63
Humboldt University (East Berlin) : 32
International Book Publishing Association (Mezhdunarodnaja Kniga)
(MK) 116, 117
J
Jefferson School of Social Science 1, 2, 32, 33, 81, 82
John Birch Society, The 102
John Simon Guggenheim Memorial Foundation (Guggenheim Founda-
tion) 71
L
Labor Youth League 84, 88
iT INDEX
M
Mezhdunarodnaja Kniga (also known as MK). (See International Book
Publishing Association.)
"MK." (See International Book Publishing Association.)
N
Page
National Association for the Advancement of Colored People (NAACP)-. 86
National Social Welfare Agency 86
National Student Association. (See United States National Student
Association.)
New Century Publishers 73
New School for Social Research (New York City) 62
New York Council To Abolish The House Un-American Activities Com-
mittee 59, 69, 70
New York School for Marxist Studies, The 2, 75-81
SCOPE Classes (see also Student Committee on Progressive Educa-
tion) 76,78-80
R
Reed CoUege (Portland, Oreg.) 63-65
Religious Society of Friends 86
S
Shakespeare Society (Prague, Czechoslovakia) 32
Socialist Party (of the United States) 88
Southern Negro Youth Congress 86
Steelworkers of America, United 86
Student Committee on Progressive Education (SCOPE) (see also New
York School for Marxist Studies, SCOPE Classes) 79, 80, 88
U
U.S. Government:
Subversive Activities Control Board (SACB) 32, 82, 100
Treasury Department:
Internal Revenue Service 4, 5, 100, 101
United States National Student Association 87
University of California (Berkeley, Calif.) 62, 63, 65
University of Jena (East Germany) 32
University of Leipzig (East Germany) 32
University of Rostock (East Germany) 32
University of Warsaw (Poland) 32
W
World Youth Festival:
Seventh Youth Festival, July 26- August 4, 1959, Vienna 87
Y
Young Communist League, U.S. A 86
Young Democratic Clubs of America, National Committee 67
Young Men's Christian Association (YMCA) 86
Young People's Socialist League (YPSL) 88
Young Socialist Alliance, Trotskyite 88
Young Women's Christian Association (YWCA) 86
Youth March on Washington (April 18, 1959) 86, 87
Challenge..
Publications
C
D
Daily Worker 74
INDEX
G
Great Tradition in English Literature From Shakespeare to Shaw, The Page
^ (book) 32
J
Jewish Currents 31
Journal of Politics ^°
M
Mainstream 14, 15, 73
N
Negro Slave Revolts (in the United States, 1526-1860) (book) 28
New York Times 20,21
O
On Party Youth Work (article) 80,84-91
P
Political Affairs 2,73-75,80,84,90
Political Economy of Growth (book) 28
Political Quarterly of London 28
Q
Quarterly Journal of Economics 29
S
Shaping American Diplomacy; (Readings and Documents in American
Foreign Relations) 1750-1955 (book) 28
T
Tragedy of American Diplomacy, The (book) 28
W
Western Political Quarterly 28
Worker, The 88
o
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